Loading...
HomeMy WebLinkAboutCouncil Actions 08-20-18ROANOKE CITY COUNCIL REGULAR SESSION AUGUST 20, 2018 2:00 P.M. CITY COUNCIL CHAMBER GARLAND 41205 - 082018 1. Call to Order - -Roll Call. Council Members Osborne and Price arrived late. At this point, Council Member Osborne entered the meeting (2:01 p.m.) The Invocation was delivered by The Reverend Kenneth P. Lane, Pastor, Trinity Lutheran Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome. Mayor Lea. NOTICE: Today's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, August 23 at 7:00 p.m., and Saturday, August 25 at 4:00 p.m.; and video streamed through Facebook Live at facebook.comHRoanokeVa. Council meetings are offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: The Council of the City of Roanoke is seeking applications for the following current vacancies and /or upcoming expirations of terms of office: Fair Housing Board — two vacancies Unexpired term of office ending March 31, 2019 Unexpired term of office ending March 31, 2021 1 Human Services Advisory Board — one vacancy Unexpired term of office ending November 30, 2018 Personnel and Employment and Practices Commission — three vacancies Three -year terms of office ending June 30, 2021 Roanoke Neighborhood Advocates — one vacancy Unexpired term of office ending June 30, 2019 Access the City's homepage to complete an online application for the abovementioned vacancies. 2. PRESENTATIONS AND ACKNOWLEDGEMENTS: NONE. 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: City Council sets this time as a priority for citizens to be heard. All matters will be referred to the City Manager for response, recommendation or report to Council, as he may deem appropriate. Robert Gravely, 3360 Hershberger Road, N. W., appeared before the Council and expressed concern regarding lack of jobs in the City. 4. CONSENT AGENDA: (APPROVED 6 -0) All matters listed under the Consent Agenda are considered to be routine by the Members of City Council and will be enacted by one motion. There will be no separate discussion of the items. If discussion is desired, the item will be removed from the Consent Agenda and considered separately. C -1 Minutes of the regular meeting of City Council held on Monday, July 16, 2018; and the recessed meeting of City Council held on Tuesday, July 31, 2018. RECOMMENDED ACTION: Dispensed with the reading of the minutes and approved as recorded. C -2 A communication from the City Manager requesting that Council convene in a Closed Meeting for discussion and consideration of the acquisition of real property for public purposes, pursuant to Section 2.2 -3711 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. 2 C -3 A communication from the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, pursuant to Section 2.2 -3711 (A)(7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concurred in the request. C -4 A communication from the City Attorney requesting that Council schedule a public hearing to be held on Monday, September 17, 2018, at 7:00 p.m., or as soon thereafter as the matter may be heard, or such later date and time as the City Manager may determine, to consider a Cable Television Franchise Agreement between the City of Roanoke and CoxCom, LLC, d /b /a Cox Communications Roanoke. RECOMMENDED ACTION: Concurred in the request. C -5 A communication from the City Clerk advising of the resignation of D. David Parr, Jr., as a member of the Roanoke Neighborhood Advocates, effective immediately. RECOMMENDED ACTION: Accepted the resignation and received and filed the communication. C -6 Annual report of the City of Roanoke Pension Plan, Defined Contribution Board for Fiscal Year ending June 30, 2018. RECOMMENDED ACTION: Received and filed. C -7 Annual report of the City of Roanoke Pension Plan, Board of Trustees for Fiscal Year ending June 30, 2018. RECOMMENDED ACTION: Received and filed. C -8 Reports of qualification of The Honorable Charles N. Dorsey as the 23rd Judicial Circuit City representative of the Court Community Corrections Program Regional Community Criminal Justice Board for a three -year of office ending June 30, 2021; and Michael L. Dame as a member of the Roanoke Civic Center Commission for a three -year term of office ending September 30, 2021. RECOMMENDED ACTION: Received and filed. 3 BID OPENINGS: Bids for the lease to install, operate, and maintain a telecommunications facility in a portion of Fallon Park within the City of Roanoke, Virginia. Received one bid from Milestone Tower Limited Partnership IV. The sole bid was referred to the City Manager for review and recommendation to the Council. Bids for the lease to install, operate, and maintain a telecommunications facility in a portion of Preston Park within the City of Roanoke, Virginia. Received one bid from Milestone Tower Limited Partnership IV. The sole bid was referred to the City Manager for review and recommendation to the Council. REGULAR AGENDA: 5. PUBLIC HEARINGS: NONE. 6. PETITIONS AND COMMUNICATIONS: a. Presentation of the Visit Virginia's Blue Ridge Annual Update. Landon Howard, President, Visit Virginia's Blue Ridge, Spokesperson. (Sponsored by the City Manager) Update received and filed. b. Presentation with regard to the Visit Virginia's Blue Ridge Proposed Regional Wayfinding Plan. Landon Howard, President, Visit Virginia's Blue Ridge, Spokesperson. (Sponsored by the City Manager) Presentation received and filed. During the presentation, Council Member Price entered the meeting (2:36 p.m.) C. A communication from the Commonwealth's Attorney recommending acceptance of the Victim/Witness Program Grant from the Department of Criminal Justice Services in accordance with the Virginia Crime Victim and Witness Rights Act; and a communication from the City Manager concurring in the recommendation. Adopted Resolution No. 41205 - 082018 and Budget Ordinance No. 41206 - 082018. (7 -0) 2 d. A communication from the Commonwealth's Attorney recommending acceptance of the Multi- Jurisdictional Special Drug Prosecutor Grant from the State Compensation Board; and a communication from the City Manager concurring in the recommendation. Adopted Resolution No. 41207 - 082018 and Budget Ordinance No. 41208 - 082018. (7 -0) 7. REPORTS OF CITY OFFICERS AND COMMENTS OF THE CITY MANAGER: a. CITY MANAGER: BRIEFINGS: • Parks and Recreation Master Plan - 30 minutes Progress Report Comments received and filed. • Public Art Work Plan — FY 2019 - 15 minutes City Council concurred in recommendation of the Roanoke Arts Commission; and comments received and filed. • Neighborhood Assessment Report - 15 minutes Comments received and filed. ITEMS RECOMMENDED FOR ACTION: 1. Revision of Reserve Policies. Adopted Resolution No. 41209 - 082018. (7 -0) 2. Acceptance of the Rescue Squad Assistance Fund Grant from the Office of Emergency Medical Services in connection with the EMT - Intermediate to Paramedic Program. Adopted Resolution No. 41210 - 082018 and Budget Ordinance No. 41211-082018. (7 -0) 3. Acceptance of FY 2019 grant funds from the Department of Fire Programs. Adopted Resolution No. 41212 - 082018 and Budget Ordinance No. 41213-082018. (7 -0) 4. Acceptance of a training and conference grant from the Virginia Department of Fire Programs. Adopted Resolution No. 41214 - 082018 and Budget Ordinance No. 41215-082018. (7 -0) 5 5. Acquisition of real property rights in connection with maintenance work in the "Prospect Hills" subdivision. Adopted Ordinance No. 41216- 082018. (7 -0) 6. Approval of a resolution in support of Roanoke Electric Steel Corporation's Industrial Access Railroad Track Program Grant Application to support the Company's $28 million expansion. Adopted Resolution No. 41217 - 082018. (7 -0) 7. Execution of an amendment to the RPI contract for upgrades to the HR/Lawson Payroll system. Adopted Resolution No. 41218 - 082018. (7 -0) 8. Authorization for a Letter Agreement for access to residential parking permits in connection with the Heironimus Building Project. Adopted Resolution No. 41219 - 082018. (7 -0) COMMENTS OF THE CITY MANAGER. The City Manager shared the following comments: Bluegrass Music is coming to Elmwood Park • Roanoke Parks and Recreation and the City of Roanoke will host a concert by the U.S. Navy Band's nationally renowned bluegrass ensemble, "Country Current" • Wednesday, August 29 • Admission is free • Gates open at 6:00 p.m. The concert starts at 6:30 p.m. Deschutes Brewery will host the Second Annual Virginia's Blue Ridge Go Cross Cyclocross Race • Labor Day Weekend, September 1 -2 • Professional cyclists from around the country will converge on Virginia's Blue Ridge at the state's only permanent cyclocross course in Roanoke. • This event will be the season opener for the entire UCI and USA Cycling cyclocross season. • It includes a RunCross (a unique "cross- style" running race), spectator shenanigans, live music, Deschutes Brewery beer garden, food trucks, and more. • In addition to the pro events, there will be amateur races all day. • More information is available at gocrossrace.com Plan Roanoke • Reminder: Open House meetings to receive public input on "Plan Roanoke" have begun. • Citizens are encouraged to attend one of these August events, and let us know your ideas and thoughts for the future of Roanoke. • A list of Open House dates, locations, and times can be found at www.planroanoke.org. b. MUNICIPAL AUDITOR: 1. Execution of agreements with the City Treasurer and Commissioner of the Revenue. Adopted Resolution No. 41220 - 082018 and Ordinance No. 41221 - 082018. (7 -0) 8. REPORTS OF COMMITTEES: a. A report of the Roanoke City School Board requesting appropriation of funds for various educational programs; and a report of the City Manager recommending that Council concur in the request. Donna Caldwell, Director of Accounting, Spokesperson. Adopted Ordinance No. 41222 - 082018. (7 -0) 9. UNFINISHED BUSINESS: NONE. 10. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. A resolution designating a Voting Delegate, Alternate Voting Delegate for the Business Session and Staff Assistant for the Annual Virginia Municipal League Business Meeting to be held on Tuesday, October 2, 2018 in Hampton, Virginia. Adopted Resolution No. 41223 - 082018. (7 -0) 11. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and /or comments by the Mayor and Members of City Council. Council Member Bestpitch commended the City Attorney regarding the draft 2018 Legislative Program; next meeting of the Roanoke City Legislative Committee to be held on Tuesday, September 4. He asked that the naming of the road into Highland Park in memory of Joel Richert be referred to the City Manager and City Attorney. 7 b. Vacancies on certain authorities, boards, commissions and committees appointed by Council. NONE. 12. RECESS. - 5:38 P.M. THE COUNCIL MEETING WILL STAND IN RECESS FOR A CLOSED MEETING IN THE COUNCIL'S CONFERENCE ROOM, ROOM 451; AND THEREAFTER RECONVENE AT 7:00 P.M., IN THE CITY COUNCIL CHAMBER. D ROANOKE CITY COUNCIL REGULAR SESSION AUGUST 20, 2018 7:00 P.M. CITY COUNCIL CHAMBER AGENDA Call to Order - -Roll Call. All Present. The Invocation was delivered by The Reverend Timothy Harvey, Pastor, Oak Grove Church of the Brethren. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Sherman P. Lea, Sr. Welcome. Mayor Lea. CERTIFICATION OF CLOSED MEETING. (7 -0) NOTICF- Tonight's Council meeting will be televised live and replayed on RVTV Channel 3 on Thursday, August 23 at 7:00 p.m., and Saturday, August 25 at 4:00 p.m.; and video streamed through Facebook Live at facebook.com /RoanokeVa. Council meetings are offered with closed captioning for the hearing impaired. N A. PRESENTATIONS AND ACKNOWLEDGEMENTS: A resolution memorializing the late Robert O. Gray, a native of Roanoke and former prisoner of war during the Korean War. Adopted Resolution No. 41224 - 082018. (7 -0) Presented ceremonial copies of the resolution to Mrs. Gray and family. Presentation by the Honorable Sam Rasoul, Member, Virginia House of Delegates. Delegate Sam Rasoul presented House Resolution No. 562 to the City of Roanoke for being selected as an All- America City by the National Civic League for a record - setting seventh time in 2017. B. PUBLIC HEARINGS: Request of Arthur C. Richardson, Jr., to vacate an undeveloped portion of Pink Street, N. E. Arthur C. Richardson, Jr., Spokesperson. Adopted Ordinance No. 41225 - 082018. (7 -0) 2. Request of 415 OHW, LLC, to vacate an alley between 120 Luck Avenue, S. W., and 502 2nd Street, S. W. William H. Chapman, Jr., Spokesperson. Adopted Ordinance No. 41226- 082018. (7 -0) 3. Request of Local Office on Aging, Inc., (LOA), for tax exemption of real property located at 4932 Frontage Road, N. W. Ron D. Boyd, President and Chief Executive Officer, Spokesperson. Adopted Ordinance No. 41227 - 082018. (7 -0) 4. Proposal of the City of Roanoke to grant to the Western Virginia Water Authority a new 15 foot -wide and 5 foot -wide public waterline easement and a 10 foot -wide temporary construction easement at 0 Van Winkle Road, S. W. Robert S. Cowell, Jr., City Manager. Adopted Ordinance No. 41228 - 082018. (7 -0) 5. Proposal of the City of Roanoke to lease approximately 5,709 square feet of space, including the mezzanine area, in the first floor of the Church Avenue Parking Garage located at 101 Church Avenue, S. W., to the United States Postal Service (USPS) for the operation of a downtown post office branch. Robert S. Cowell, Jr., City Manager. Adopted Ordinance No. 41229 - 082018. (7 -0) 10 6. Proposal of the City of Roanoke to convey to the City of Roanoke Redevelopment and Housing Authority certain real estate located adjacent to real estate owned by the Housing Authority, and to convey to H.R. Foundation, Inc., certain real estate located adjacent to real estate owned by the Foundation. Robert S. Cowell, Jr., City Manager. Adopted Ordinance Nos. 41230 - 082018 and 41231 - 082018. (7 -0) 7. Execution of a certain lease to install, operate, and maintain a telecommunications facility in an approximately 0.064 acre portion of Fallon Park within the City of Roanoke, Virginia, upon certain terms and conditions Robert S. Cowell, Jr., City Manager. Adopted Ordinance No. 41232 - 082018. (6 -1, with Council Member Dykstra voting no.) 8. Execution of a certain lease to install, operate, and maintain a telecommunications facility in an approximately 0.062 acre portion of Preston Park within the City of Roanoke, Virginia, upon certain and conditions. Robert S. Cowell, Jr., City Manager. Adopted Ordinance No. 41233 - 082018. (5 -2, with Vice -Mayor Cobb and Council Member Dykstra voting no.) C. OTHER BUSINESS: 1.(a.) Petition for Appeal filed by Ricky Mitchell appealing a decision of the Architectural Review Board denying his request to replace the existing slate roof on the house and detached garage with architectural shingles; and damaged soffit panels with matching plywood at 436 Walnut Avenue, S. W. Ricky Mitchell, Spokesperson. (b.) A report of the Architectural Review Board recommending that City Council affirm its decision to deny the request, which is not consistent with H -2 Guidelines. Christopher Vail, Vice - Chairman, Spokesperson. City Council affirmed the decision of the City of Roanoke Architectural Review Board. (6 -1, with Mayor Lea voting no.) D. HEARING OF CITIZENS UPON PUBLIC MATTERS: NONE. E. ADJOURNED - 8:50 P.M. 11 STEPHANIE M. MOON REYNOLDS, NIN1C City Clerk Cirr Ole ROf'11.\VK.E OFFICE OF 'T'II E CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1135 F. -mail• derk(mroanokeva.gov August 24, 2018 The Reverend Kenneth P. Lane Trinity Lutheran Church 4040 Williamson Road, N. W. Roanoke, Virginia 24012 Dear Reverend Lane: CECEL.IA F. NICCDY DeputN Clty Clerk C EC'ELIA T. VWEC3B, C'N1(' Assistant DeputY Cit) Clerk On behalf of the Mayor and Members of the Roanoke City Council, I would like to express sincere appreciation to you for delivering the Invocation at the regular meeting of the Roanoke City Council, which was held on Monday, August 20, 2018. It was a pleasure meeting you and look forward to having you return to deliver invocations at future Council meetings. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 20, 2018 Subject: Request for Closed Meeting This is to request that City Council convene a closed meeting for discussion and consideration of the acquisition of real property for public purposes pursuant to §2.2 -371 1 .A.3, Code of Virginia (1950), as amended. Robert S. Cowell, .Jr. City Manager Distribution: Council Appointed Officers Daniel J. Callaghan City Attorney CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011 -1595 The Honorable Mayor and Members of City Council Roanoke, Virginia TELEPHONE 540 - 853 -2431 FAX 540- 853 -1221 EMAIL: cityatty @roanokeva.gov August 20, 2018 Re: Request for closed meeting Dear Mayor Lea and Council Members: Timothy R. Spencer David L. Collins Heather P. Ferguson Laura M. Carini Assistant City Attorneys This is to request that City Council convene a closed meeting pursuant to Sec. 2.2- 3711.A.7, Code of Virginia, to consult with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body. With kindest personal regards, I am Sincerely yours, Daniel J llaghan City ttorney DJC /lsc c: Robert S. Cowell, Jr., City Manager Stephanie Moon Reynolds, City Clerk Daniel J. Callaghan City Attorney CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011 -1595 The Honorable Mayor and Members of City Council Roanoke, Virginia TELEPHONE 540- 853 -2431 FAX 540 - 853 -1221 EMAIL: cityatty@roanokeva.gov August 20, 2018 Re: Authorization to advertise for adoption of a Cable Television Franchise Agreement Dear Mayor Lea and Council Members: Timothy R. Spencer David L. Collins Heather P. Ferguson Laura M. Carini Assistant City Attorneys The City of Roanoke representatives, along with representatives of Roanoke County and the Town of Vinton, have been negotiating a renewal of the Cable Television Franchise Agreement between the City and CoxCom, LLC, d /b /a Cox Communications Roanoke. The new Franchise Agreement will be adopted pursuant to the City's existing Cable Television Ordinance, which was adopted on October 6, 2003. In order to accomplish this, a public hearing needs to be held. RECOMMENDED ACTION Authorize the scheduling and advertising of a public hearing to consider a Cable Television Franchise Agreement between the City and CoxCom, LLC, d/b /a Cox Communications Roanoke, to be held at Council's September 17, 2018, meeting, at 7:00 p.m., or as soon thereafter as the matter may be reached, or at such other date and time as deemed appropriate by the City Manager. Sincerely yours, Daniel J. aghan City Attorney DJC /Imc /lsc STEPIIANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROAN+OKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Teleplione: (540) 853 -2541 Fax: (540) 8,53 -1145 E -mail: cicrk(rt'aroanokeva.gov August 22, 2018 D. David Parr, Jr. 4881 Horseman Drive, N. W. Roanoke, Virginia 24019 Dear Mr. Parr: C'ECELIA F. MCCOY Deputy City Clerk CECELIA 1'. WEBB, CMC Assistant Deputy City Clerk A communication from the City Clerk advising of your resignation as a member of the Roanoke Neighborhood Advocates was before the Council of the City of Roanoke at a regular meeting, which was held on Monday, August 20, 2018. On behalf of the Members of Roanoke City Council, I would like to express appreciation for your service to the City of Roanoke as a member of the Roanoke Neighborhood Advocates from December 1, 2014 to August 20, 2018. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley in recognition of your service. Sincerely, r `y 1 Stephanie M. Moon Reynolds-- - City Clerk Enclosure CERTIFICATE OF APPRECIATION PRESENTED TO D. David Parr, Jr. AS A MEMBER OF THE ROANOKE NEIGHBORHOOD ADVOCATES FROM DECEMBER 1, 2014 TO AUGUST 20, 2018 ON THIS 22ND DAY OF AUGUST , 2018 IN RECOGNITION OF PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOKE APPROVED: SHERMAN P. LEA, SR. MAYOR ATTEST: STEPHANIE M. MOON%9.Wy-Nl6 S CITY CLERK CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 STEPHANIE M. MOON REYNOLDS, MMC City Clerk August 20, 2018 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk This is to advise that D. David Parr, Jr., has tendered his resignation as a member of the Roanoke Neighborhood Advocates, effective immediately. Since ly, b� v Stephanie M. Moon Reyno , M City Clerk l Fw: Resignation L�� Bob Clement Stephanie Moon 08/14/2018 10:14 AM Cecelia Webb Good morning Stephanie ............. See below David Parr's resignation from the RNA effective immediately as he was a Council appointee. Thanks! Bob. Bob Clement, Neighborhood Services Coordinator Office of Neighborhood Services Noel C. Taylor Municipal Building 215 Church Avenue SW, Room 312 North Roanoke, VA 24011 P: (540) 853 -5210 (F): (540) 853 -6597 Visit our website MW if www.roanokeva.gov /neighborhoods Like our Facebook page © www. facebook .com /roanoke.neighborhoods - - - -- Forwarded by Bob Clement/Employees/City—of—Roanoke on 08/14/2018 10:12 AM - - - -- From: Kate Lewis <mrskwlewis80 @yahoo.com> To: Bob Clement <bob.clement @roanokeva.gov> Date: 08/14/2018 09:37 AM Subject: Fw: Resignation FYI... , Kate , , , , , Forwarded Message , From: D. David Parr, Jr., Esq. <ddparrjr @gmail.com> To: Kate Lewis <mrskwlewis80 @yahoo.com> Sent: Tuesday, August 14, 2018, 8:57:06 AM EDT Subject: Resignation Dear Kate, given that my new work hours are 9 to 7 , , and perhaps much more when I travel to courts all 'round our lovely Commonwealth. I would really have wanted to attend the statewide meeting, if my new situation did not exist. I can occasionally quit a bit early , , but not frequently enough to serve RNA properly. I regret this, but it is best under the circumstances. Should those change, I will reach out to RNA , , been doing it for so long! Have a nice day. David AMELIA C. MERCHANT Director of Finance August 20, 2018 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 465 Roanoke, VA 24011 -1220 Telephone: (540) 853 -2821 Fax: (540) 853 -6142 Honorable Mayor Lea and Members of City Council Roanoke, VA Dear Mayor Lea and Members of City Council: Attached for your review is a summary of the Defined Benefit Contribution Board's activities for the time period July 1 , 2017 through June 30, 2018. The written minutes of each Board of Trustees meeting are located in the City of Roanoke Retirement Office. On behalf of the appointed members of the Board, we would like to thank City Council for the opportunity to be of service to our City. Sincerely, Ail-,All m, �xtj Sherman M. Stovall Chairman, Defined Benefit Contribution Board Attachment c: Stephanie M. Moon - Reynolds, City Clerk Annual Report City of Roanoke Pension Plan Defined Contribution Board Fiscal Year Ended June 30, 2018 The Pension Plan Defined Contribution Board established pursuant to City Code Chapter 22.3, as amended, serves as the trustee and administrator of the defined contribution plan component of the Hybrid Program sponsored by the City. In addition, the Board serves as trustee and administrator of the City's internal Revenue Code Section 457 Deferred Compensation Plan and, by authority delegated by the City of Roanoke Pension Plan Board of Trustees, the City's Internal Revenue Code Section 401(h) Retirement Health Savings Account. The City is currently under contract with CAPTRUST Financial Advisors, a defined benefit consultant, who provides consultative investment and administrative guidance to the Board. Ms. Beryl Ball represents CAPTRUST. CAPTRUST is an acknowledged fiduciary. The City is currently under contract with ICMA Retirement Corporation (ICMA -RC), who serves as the administrative record - keeper and the investment provider for the defined contribution plan, the Internal Revenue Code Section 457 Deferred Compensation Plan, and the Internal Revenue Code 401 (h) Retirement Health Savings Account, included as a component of the Pension Plan, as well as the Executive 401(a) and Hybrid 401(a) plans. The following meetings were held for the fiscal year ending June 30, 2018: 1 . August 8, 2017 2. November 14, 2017 3. February 13, 2018 4. March 26, 2018 (via Conference Call) 5. May 8, 2017 Representation Committee Member Meetings Attended 5 4 3 2 1 Ex- officio, Director of Finance (former) Barbara Dameron V Ex- officio, Director of Finance Amelia Merchant V V V V Ex- officio, Asst. City Manager - Operations Sherman Stovall V V V V V Asst. City Manager Designee Andrea Trent V V V V V Ex- officio, Director of Human Resources Michele Vineyard V V August 8, 2017 Meeting Ms. Ball provided a review of the demographic report from ICMA -RC. The report reflected a total of 54 employee meetings during the preceding quarter, including 25 participant meetings and 29 account reviews. Ms. Ball provided an overview of the market and investment performance for the quarter ended June 30, 2016. Ms. Ball also provided review of new fiduciary regulations issued in April. The Board was provided an investment update for the quarter ended June 30, 2017, as well as an overview and scoring matrix of the investment funds approved for the 457 and 401(h) plans. Information was provided on the total market value of assets held in each plan. No change in the fund line -up was recommended. The Board discussed information provided on loan provisions available within 457 plans as well as costs associated with such provisions and statistics provided by ICMA -RC regarding the use of loan provisions Annual Report - City of Roanoke Pension Plan Defined Contribution Board Page 2 by other plan sponsors. The Board decided to continue to evaluate the benefit of the inclusion of a loan provision. November 14, 201 7 Meeting The Board was provided an update on ICMA -RC's position regarding the fiduciary rule. ICMA -RC's education /advice is computer model based and will be compliant with the rule. ICMA -RC will likely need to utilize the Best Interest Contract (BIC) exemption related to distributions and /or rollovers. Ms. Ball reviewed the fee benchmark study. The study indicated for Plans of similar asset size and similar numbers of participants, ICMA -RC's current pricing ranked above the expected range. The Board requested CAPTRUST to engage in a fee negotiation with ICMA -RC prior to any consideration of issuance of an RFP for services. Ms. Ball discussed options regarding the Plans' Qualified Default Alternative (QDIA), presently the Vantagepoint Milestone Fund series. Ms. Ball discussed the structure of these target date fund options and investment allocation approaches being "to the participant retirement date" or "through the participant retirement date ". Ms. Ball noted the Vantagepoint Milestone services utilizes a "through the participant retirement date" approach, which assumes participants continue to maintain investment of the retirement funds within the plan after reaching their anticipated retirement date. Ms. Ball will request information from ICMA -RC on demographic patterns regarding actions upon a participant's separation from service for further evaluation The Board was provided a quarterly investment update. This updated included a review of the overall market conditions and performance for the quarter ended September 30, 2017, as well as an overview and scoring matrix of the investment funds approved for the 457 and 401(h) plans Ms. Ball updated the Board on the total value of assets held in each of the Plans. The Vantage Point Milestone Funds were "marked for review" based upon CAPTRUST's scoring matrix; however, Ms. Ball recommended the continued use of the funds at this point. All other funds were "in good standing ". There were no fund actions taken at this meeting. February 13, 2018 Meeting Ms. Ball presented an overview the markets and performance for the quarter ended December 31, 2017. Ms. Ball reported the implementation of new fiduciary regulations issued in April was delayed based upon a recent executive order mandating a review of the regulation. The Board was provided a quarterly investment update for the Plans. The Board was updated on the total value of assets held in each of the Plans. Ms. Ball provided an overview and scoring matrix of the investment funds approved for the 457 and 401(h) plans. All funds were considered to be in good standing with the exception of the Vantagepoint Milestone Funds, which were "marked for review" due to personnel changes. There were no fund actions taken at this meeting. Ms. Ball reviewed the standard fee benchmark information provided at the November meeting and updated the Board on the results of the fee negotiation with ICMA -RC. ICMA -RC offered an overall reduction in fees based on the utilization of both a full and partial open- architecture investment option approach for the both the 457 and 401(h) Plans. The Board chose to further evaluate the offer and to schedule a conference call in March to reach a final conclusion. March 26, 2018 (Conference Call) The call began with a summary review of the results of the benchmark survey. The Board carefully discussed each option in detail. The Board elected to utilize a partial open architecture approach utilizing the Vantage Trust Plus Fund as the 457 Plan's stable value option and utilizing a full open- architecture Annual Report - City of Roanoke Pension Plan Defined Contribution Board Page 3 approach for all other funds. This option provided the greatest reduction in overall fees paid by plan participants and offers a high performing stable value fund option in comparison to other stable value fund peers. The Board elected to utilize the same open- architecture approach with the 401(h) Plan, although the Vantagetrust Plus Fund option is not available within this plan structure. Due to plan administration costs associated with this health savings plan and the overall fund size, the fee reduction on the 401(h) was less than that of the 457 plan. Ms. Ball will obtain demographic data from ICMA -RC and will provide a recommended open- architecture fund lineup at the next meeting. May 8, 2018 Meeting The Board was provided a quarterly investment update. Ms. Ball reviewed overall market performance for the quarter ended March 31, 2018. The Board was updated on the total value of assets held in each of the Plans. Ms. Ball provided an overview and scoring matrix of the investment funds approved for the 457 and 401(h) plans. All funds were considered to be in good standing with the exception of the Vantagepoint Milestone Funds for reasons noted in the prior quarter. The discussion moved to CAPTRUST's recommended fund line -up. Ms. Ball noted the demographic data on participant fund withdrawals supported the use of a "to the participant retirement date" approach for the QDIA /target date retirement fund options. The Board evaluated the target date series of funds for consideration along with the plan demographic data and costs and selected the JP Morgan SmartRetirement R6 class series. In addition, the Board accepted CAPTRUST's other recommended funds for the open- architecture approach. Staff updated the Board on necessary modifications to the ICMA -RC service agreements related to the 401(a) Plan utilized for the Pension Plan's Hybrid account. The agreement will be modified to allow approved roll -over contributions into the plan to accommodate the return of refunded contributions for rehired employees. The Board approved the necessary modification. The minutes of each meeting of the Pension Plan Defined Contribution Board have been filed with the Director of Finance upon approval. All Board minutes and related reports are available upon request. AMELIA C. MERCHANT Director of Finance August 20, 2018 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, SW, Suite 465 Roanoke, VA 24011 -1220 Telephone: (540) 853 -2821 Fax: (540) 853 -6142 Honorable Mayor Lea and Members of City Council Roanoke, VA Dear Mayor Lea and Members of City Council: Attached for your review is a summary of the Roanoke Pension Plan Board of Trustees' activities for the time period .July 1, 2017 through ,June 30, 2018. The written minutes of each Board of Trustees meeting are located in the City of Roanoke Retirement Office. On behalf of the appointed members of the Board of Trustees, we would like to thank City Council for the opportunity to be of service to our City. Sincerely, ,)C IAA o" ,'rte Gregory W. Feldmann Chairman Attachment c: Stephanie M. Moon - Reynolds, City Clerk Board of Trustees, City of Roanoke Pension Plan Annual Report City of Roanoke Pension Plan Board of Trustees Fiscal Year Ended June 30, 2018 The Pension Plan Board of Trustees established pursuant to City Code Chapter 22.3, as amended, serves as the trustee and administrator of the defined benefit pension plan sponsored by the City. The City is currently under contract with AndCo Consulting (formerly known as The Bogdahn Group), a defined benefit consultant, who provides consultative investment and administrative guidance to the Board. Mr. Howard Pohl and Mr. Jeff Kuchta represent AndCo. AnclCo Consulting is an acknowledged fiduciary. The City is currently under contract with SageView Consulting Group, a defined benefit actuary, who provides consultative technical and administrative guidance to the Board. Mr. William M. Dowd, FCA, EA, MAAA, leads the actuarial team supporting the City. SageView is an acknowledged fiduciary. The City is currently under contract with CAPTRUST Financial Advisors, a defined contribution consultant, who provides consultative investment and administrative guidance to the Board. Ms. Beryl Ball, Vice President and Financial Advisor, represents CAPTRUST. CAPTRUST is an acknowledged fiduciary. The following meetings were held for the fiscal year ending June 30, 2018: 1. July 12, 2017 2. October 11, 2017 3. January 10, 2018 4. April 11, 2018 Representation Committee Member Meetings Attended 4 3 2 1 Participating Employers Cassandra Altice V V V V Member at Large Glen Combs V V Ex- officio, City Manager Robert Cowell V V y Ex- officio, Director of Finance Barbara Dameron V Member at Large Greg Feldmann V V V V Retired Employees Carolyn Glover V V V V Public Safety Terry King V V V V Ex- officio, Mayor Sherman Lea V V Ex- officio, Director of Finance Amelia Merchant V V V Active Employee Michael Shockley V V V July 12, 2017 Meeting The March 31, 2017 quarterly investment update was presented and reported upon by the Chairman. The Board approved the selection of Principal as manager of a Core Plus Real Estate strategy and administration staff worked with legal counsel to finalize the contract. The Board was updated on required Financial /Conflict of Interest Disclosure Statements required by ordinance adopted by City Council. The Board was updated on modifications to City Code for a technical correction and administrative clarification to be presented to City Council for approval. Annual Report - City of Roanoke Pension Plan Page 2 October 11, 2017 Meeting The results of the June 30, 2017 actuarial valuation and a forecast for 2017 through 2031 were presented by William Dowd and William Reid of SageView, the plan's actuaries. The June 30, 2017 quarterly investment update was presented. The Board also received an update on investment performance through August 31, 2017. January 10, 2018 Meeting The September 30, 2017 quarterly investment updates were presented and reported upon by the Retirement Systems Manager. The Board also received an update on investment performance through November 30, 2017. The Board was provided information on performance benchmarks as requested at the October meeting. Data obtained from NASRA (National Association of State Retirement Administrators) and Public Plans Data - Database reflected an average actuarial funded status of public plans of approximately 73% with the City plan's funded status being similar. Average investment allocations of public plans was also similar to the City's asset allocation with alternative assets comprising the largest difference. The alternative asset class is more consistently used in larger plans. April 11, 2018 Meeting The December 31, 2017, quarterly investment update was presented. The Board also received an update on investment performance through February 28, 2018. The Board received a copy of the FY201 8 Pension Plan Comprehensive Annual Financial Report. Information was provided to the Board from Cherry Bekaert's, the Plan's external auditors, benchmark survey. Results were similar to those provided to the Board at the previous meeting with the average actuarial funded status of public plans being approximately 74 %. The Board was advised of a revision in the fee structure with ICMA -RC. New service agreements incorporating the new fee structure are in process. ICMA -RC serves as the administrator for the Hybrid 401(a) defined contribution plan, the 401(h) Retirement Health Savings Account, as well as the City's 457 Deferred Compensation Plan. The Board recognized several members whose terms expire as of June 30, 2018 and expressed their appreciation for each member's service. Pension Plan retirement applications were presented at each Board meeting and approved as follows: Meeting Date July 12, 2017 October 11, 2017 January 10, 2018 April 11, 2018 Total ERS ESRS Total 0 29 29 2 28 30 0 20 20 1 22 23 Death with Spousal Option 2 3 2 3 3 99 102 10 Annual Report - City of Roanoke Pension Plan Pag e 3 The minutes of each meeting of the Pension Plan (Defined Benefit) Board of Trustees have been filed with the Director of Finance upon approval. All Board minutes and related reports are available upon request. STEI'IIANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(wroanokeva.gov August 22, 2018 Krystal Hullette, Director Court and Community Services 1717 Peters Creek Road, N. W. Roanoke, Virginia 24017 Dear Ms. Hullette: CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk This is to advise you that The Honorable Charles N. Dorsey has qualified as the 23rd Judicial Circuit City representative of the Court Community Corrections Program Regional Community Criminal Justice Board for a three -year term of office ending June 30, 2021. Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, The Honorable Charles N. Dorsey, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as the 23rd Judicial Circuit City representative of the Court Community Corrections Program Regional Community Criminal Justice Board for a three -year term of office ending June 30, 2021, according to the best of my ability. (So help me Goci� The foregoing oath of office was taken, sworn to, and subscribed before me by Charles N. Dorsey this day of 4.L 2018. Brenda S. Hamilton, Clerk of the Circuit Court STETHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 F. -mail: clerk(i )lroanokeva.guv August 22, 2018 June Woodward, Secretary Roanoke Civic Center Commission Roanoke, Virginia Dear Ms. Woodward: CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk This is to advise you that Michael L. Dame has qualified as a member of the Roanoke Civic Center Commission for a three -year term of office ending September 30, 2021. Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to -wit: I, Michael L. Dame, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Civic Center Commission for a three -year term of office ending September 30, 2021, according to the best of my ability. (So help me God.) C ICHAEL L. DAME The foregoing oath of office was taken, sworn to, and subscribed before me by Michael L. Dame this 0 day of A4V2018. Brenda S. Hamilton, Clerk of the Circuit Court B ADVERTISEMENT FOR INVITATION FOR BIDS AND NOTICE OF PUBLIC HEARING Before the Council of the City of Roanoke For Execution of a Lease Agreement (Fallon Park) Pursuant to the requirements of Section 15.2 -2100, et seq., Code of Virginia (1950), as amended, the City of Roanoke, Virginia (City) hereby gives notice that the City is inviting bids from qualified bidders for a certain lease to install, operate, and maintain a telecommunications facility in an approximately 0.064 acre (2,812 square feet) portion of Fallon Park within the City of Roanoke, Virginia, upon certain terms and conditions, as set forth in a proposed Lease Agreement. The proposed Lease Agreement includes the grant of Appurtenant Easements (as defined and described in the proposed Lease Agreement) for temporary construction activities, access, and certain utilities. The proposed Lease Agreement to be executed by the successful bidder, for an initial term of ten years, upon certain terms and conditions, grants the right, privilege, franchise, and authority to use a portion of Fallon Park within the limits of the City of Roanoke, Virginia, to install, operate, and maintain a telecommunications facility. Any bidder shall be able to provide sufficient evidence that such bidder will be able to install, operate, and maintain a telecommunications facility and execute the proposed Lease Agreement, subject to all of its terms and conditions. If the City elects to award and execute the Lease Agreement, City Council will be requested to adopt an ordinance to that effect. The full text of the proposed ordinance authorizing execution of the Lease Agreement is on file and may be reviewed in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. The City Clerk will also have copies of the necessary bid form available. The proposed ordinance, proposed Lease Agreement, and bid form will be available at the City Clerk's Office on and after Monday, August 6, 2018. Any interested entity is invited to submit a written bid, including a completed bid form, for the proposed Lease Agreement as described above. Each bidder shall submit the following information: The legal name of the entity submitting the bid, including the Identification Number issued to it by the Virginia State Corporation Commission. 2. The bidder's agreement to execute, deliver, and perform the Lease Agreement. 3. The amount to be paid by the bidder for the monthly rent to be made to the City for such Lease Agreement and the minimum monthly rent amount. 4. The amount to be paid by the bidder to the City as a Site Fee payable at the time Bidder begins construction of the Base Station on the Site within the Lease Area. 1 n 5. The amount to be paid by the bidder to the City as a Colocation Fee payable at the time the second Carrier begins construction on or in the Site within the Lease Area. 6. Other information as the bidder deems appropriate. Item 2 may be submitted as a short narrative statement. Bids are to be submitted in a sealed envelope or container to the City Clerk at the address noted above on or before Noon, 12:00 p.m., local time, Monday, August 20, 2018. The outside of the bid envelope should be marked as follows: "BID FOR EXECUTION OF LEASE AGREEMENT, TO BE OPENED AT THE CITY COUNCIL MEETING AT 2:00 P.M. ON AUGUST 20, 2018." The bid should be addressed to the City Council of Roanoke, c/o Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. All bids received will be held by the City Clerk, unopened, until 2:00 p.m., local time, on Monday, August 20, 2018, at which time they will be delivered to the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, and thereafter be publicly opened and read aloud in accordance with Section 15.2 -2102, Code of Virginia (1950), as amended. The City reserves the right to cancel this Invitation for Bids and /or to reject any and all bids, to waive any informality or irregularity in the bids received, and to accept the bid which is deemed to be in the best interest of the City. The entity to whom the Lease Agreement may be granted and awarded shall reimburse the City for the costs of any advertisements for this matter. Such entity shall also provide a bond as required pursuant to Section 15.2 -2104, Code of Virginia (1950), as amended, as determined by the City. Pursuant to the requirements of Sections 15.2 -2100, et seq., and Sections 15.2- 1800(B), 15.2 -1813, and 15.2 -2204, Code of Virginia (1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the Lease Agreement at its regular meeting to be held on Monday, August 20, 2018, at 7:00 p.m., local time, or as soon thereafter as Council is available, in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. For further information on the Lease Agreement, you may contact the Office of the City Clerk at (540) 853 -2541. A copy of the proposed Lease Agreement will be available at the City Clerk's Office on and after Monday, August 6, 2018. All parties and interested persons may appear on the above date and time and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541 before 12:00 Noon on Thursday, August 16, 2018. GIVEN under my hand this day of , 2018. 2 14 im Stephanie M. Moon Reynolds, City Clerk Note to Publisher: Please publish twice in the Roanoke Times, legal notices, once on Monday, August 6, 2018, and once on Monday August 13, 2018. Please send affidavit of publication to: Stephanie M. Moon Reynolds City Clerk's Office Noel C. Taylor Municipal Building Room 456 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853 -2541 Please send bill to: R. Brian Townsend, Assistant City Manager 3rd Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011 Phone: (540) 853 -2333 FOR A LEASE AGREEMENT TO INSTALL, OPERATE, AND MAINTAIN A TELECOMMUNICATIONS FACILITY IN FALLON PARK (Official Tax Map No. 4310101 located at 502 19" Street SE, Roanoke, VA 24013) RESPONSIBILITY OF BIDDER: It is the sole responsibility of the Bidder to assure that its bid is delivered to the place designated for receipt of bids and prior to the time set for receipt of bids. No bids received after the time designated for receipt of bids will be considered. BID DUE DATE TIME AND DELIVERY OF BID: All bids are due on or before Noon, 12:00 p.m., local time, Monday, August 20, 2018, and are to be delivered to the address listed below. The completed Bid Form, together with any other documents the Bidder wishes to submit, should be enclosed in a sealed envelope and addressed as follows: Council of the City of Roanoke c/o Office of the City Clerk, Room 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Place in front lower left -hand corner of envelope and on the back of the envelope in bold letters the following title: "BID FOR EXECUTION OF LEASE AGREEMENT, TO BE OPENED AT THE CITY COUNCIL. MEETING AT 2:00 P.M. ON AUGUST 20,2018." Date: f�'���UT 2018 MiLCSr01JE TDVVM (,1411TED PI14NE -AMP- I proposes and agrees, if its (Legal Name of Bidder) Bid is accepted, to enter into and be bound by a Lease Agreement, a copy of which is on file in the Office of the City Clerk for the City of Roanoke, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Furthermore, the undersigned Bidder warrants that it can and will comply with the provisions of such Lease Agreement. Bid: Bidder agrees that lease payments will be made according to the Lease Agreement. In that regard, Bidder agrees to pay monthly rent of an amount equal to _tQ __ percent (_ y0 _ %) of the Gross Revenues (as defined in the Lease Agreement) derived from the use, leasing or occupancy of any portion of the Monopole or Base Station for the preceding calendar month. In no event will Bidder's payment to City under this provision after any Carrier (as defined and described in the ease Agreement) starts rent payments be less than ONE T6600 Mb Noj& dollars ($ j 000.00 _). Payment is due to the City in accordance with the terms of the Lease Agreement. Bid: Bidder agrees to pay City a Site Fee, which is equal to lxV I y r( Ve 1�t o SftNO AN0 &(1 Jo Dollars ($ 2 (3, 000.00 ) (the "Site Fee ") payable at the time Bidder begins construction of the Base Station on the Site within the Lease Area. Bid: On the date the second Carrier begins construction on or in the Site within the Lease Area, Bidder agrees to pay City a colocation fee of FIVE TWUSAN0 f&V N01jav Dollars ($ 5, 000. W ) (the "Colocation Fee "). Bid Term: Up to 35 years, commencing on .fmouSf 30, ?,t�l�, and ending or terminable pursuant to the terms of the Lease Agreement. Bid: Bidder agrees, if its bid is accepted, to execute, deliver, and perform all terms and conditions of the Lease Agreement, a copy of which is on file in the Office of the City Clerk, Room 456, Noel C. "Naylor Municipal Building, 215 Church Avenue, S.W.. Roanoke, Virginia 24011. Bidder agrees, if its bid is accepted, to reimburse the City for the costs of any advertisements for this matter. Bidder agrees, if its bid is accepted, to provide a bond as required pursuant to Section 15.2 -2104, Code of Virginia (1950), as amended, in an amount determined by the City. State Bidder's complete legal name, exactly as it is recorded with the Virginia State Corporation Commission (SCC), or the complete legal name of Bidder if it is not a corporation. LEGAL NAME OF t F BIDDER: N1ILBUNE TWtC - LIm XV MPTI USM P _IV BY:_ 6"* / r0&N TITLL: _ f "106NT _ (Printed Title) LEONA- D f6 9P11_>. x (Printed Name) STREE "N ADDRESS: 1288 54kVT 07U( 4AV , GO IT& IM MAILING ADDRESS: SMIC-1 CITY: ���JN _ STATE: (��_ _ ZIP CODE: Ml q _ NEI:LPHONF: �5 FAY: T0?� Bidder's SCC Identification Number: MIICJG(ifjO SHERMAN M STO VALL ASSISTANT CITY MGR C,O R Brian Tovmsend Assstant City Manager for �,omrnunity Development 215 CHURCH 4 i S'b% ROOM 3,34 P'IAW)KF /H 24011 The Roanoke Times Account Number Roanoke, Virginia 6017304 Affidavit of Publication Date August 13, 2018 Date Category Description Ad Size Total Cost 08r 19;2018 Propos -Sld Bids -RFP ADVERTISEMENT FOR INVITATION FOR BIDS AND NOTICE 1 x 199 L 1 884 88 Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice ADVERTISEMENT FOR INVITAT was published in said newspapers on the following dates: 08 06 08 112018 The First insertion being given ... 08 06.2018 Newspaper reference: 0000798771 �1� n �i Billing Repre entative Sworn to and subscribed before me this Monday. August 13, 2018 N tary P41 State of Virginia City /County of Roanoke / My Commission expires ! . . L THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU ADVERTISEMENT FOR INVITATION FOR BIDS AND NOTICE OF PUBLIC HEARING R, f r -I thrl CoUnCiI )t th, City of Raanr)k. -,r 5y wuhon of a L,,ase Agr,em,,nt Fallon Parka Pursuant to the requirements of Section 15.22100. et seq- Code of Virginia 11950), as amended. the City of Roanoke. Virginia (City) hereby gives notice that the City Is inviting bids from qualified bidders for a certain lease to install, operate. and .maintain 3 telecommunications facility In an approximately 0.061 acre (2,812 squam feet) portion of Fallon Park within the City .if Roanoke. Virginia, (Fallon Park being Official Ta, Map No 4310101 ucatr-d At 502 l9t SCrpot SE, R(,anukc. 24011 up r c *r'ain t•,rm, and ,nditue, i_ s , 1 pr ,p,)s,,,d Th,. or,p t 'a> �,yr...r nrlt,dy : th,. grant , ird I rib, it, o, ,T I. it -,j , - p,.rir , r,C , it , 1 if . 'dl Jt Ir ;t. pr ,p ,d , 'a '—f-', outdr. .:' an nrtl ll Gem r y ^ar, upifr- c,'rTaii. t,'rm� doll ;ndihuns- grants the right. privdege hanch:,, and authi.nty to use a .rtic^ yi Eillon Park Arth r tr,� irnnt. -. th, J R„anrikr'. 'Virginia. t, G tal- )o,q I, , Ard ltalntdlr 1 ii iht, Any bido,�r ;nits ti le.- ab, to pr ),,d, utfi �, rat v�denr> that such bridw ,)'I And ,t- tt, pn)p,' .i _ . , A4r ��t. ,�1. it f 't -rn- v -d in lit n, -r,. r, , AA it l 1[ I .:w-ur rr tea,, Agr -ment ,' r ool hill b,- requested to adopt an ,riiaan that ,ffia-T Th,, full it : the pie 0, ,,,1 +rdinan_,• authcraim) t -ub, if )r the Agr.l,ment a m 1, and nay be r wm d n the Offic th, Sit, Clr -rk. Room 45b, Noel S Tayb r %look) pal Building 2L; A,--nu­, i.w Roanoke. Virginia 2401'.. The _'It, Clark hill also have cop(„s o, he nee ,issary bid farm available. Th, proposed irdinan:_e, proposed '_eas,, Agreement, and bid form will be i,ailabie at the City Clerk's Offic-� )n and after Monday. August i, 2018. Any nterested entity Is invited to submit a written bid, including a completed bid form• for the proposed Lease Agreement as described above. Each bidder ;hall submit the following nfrrnat::n III, eg it ii.i 1• ,i i, submittrr9 rh,. bl .1. i !L,11,' th, d„rhficat, „n N:ymber 13 it h,. V"In;. . ,, mission Thi, binder , igr,.r­ii,,nt • -,r, , lit it d prrf',r l ti- Agreem, nt 3. The amount to be paid by th,, bidder for th, munthl, -, rit tr, br ma. -1c to th City for such Lease Agreement and tht, minimum monthly •ent amount. 4. The amount to be_ paid by the bidder to the City as a Srte Fee payable at the time Bidder begins censtnaction of th,� Base Station on the Srto within th,i Leash Area 5- The arneant to be paid by the bidder c the City as a Colocati -;n Fee payable at the time the second Carrier begins construction �in or 'n th,! Site n,ithrn the= Lease Ar,�a. 7 Uth,:r rt�.r n:it:.., j _ .Y,!ib appr q,,-at„ t• nt, ,rl�'t_' t 1 , 1- ldr,., n- r._1 ito liij i 1, r,i. ut rh. Cu, BID �iR ExE ',ON �T LEAiE AdREEMENI T Br- .PENEt1 A' 'Ht CITY COUN,_Q MEETING A- 2;0i, PM. JN AuGUST 20. 20N rh,, old should D,, addr,s­d t; 'h; ,2iry Cocnra R­in he, r. Jffi,-r- R;( .m ha. V ,i T3yl,1r MuM,1pa1 Buwi,llog 2u '-, hrr_t A,rn r 7 -'A R•,anok -,. V :rgmia 24011 Ali bids n- tr�r,ed Ail! oy- n,dd ov rhr _it, ,,i. rk. un:pen, ­i, unt ' 00 p m- Ircal trn,.:n M�, lily 'h h r , k� y II h,n' riur!T _ha, Aber R,),) 4Sti.' N MJn pi,t 31:1l li 71 ?h rr h A, ^r �w R,,ir -:i, �v,ryinii 141;i1- I, it rhr,• .ir- r o, -lubu: ;p,v)• .1 twi r,'iii i I rla' ,vt S. e, tni, n,ita0i:n t BiI And if t. d,C Any it'd I! olds c,- Aai, - - aoy Inhynnallt> ;r r,.gulartty n [t,- bid,. and I, 'pt fn­ Ahiih ^It, Thr r, tit it Ah,)r,, the ).jst, Agreement may be granted and awa rded shall relmbur,e the City for the costs of any advertisements for this matter Such entity shall also provide a bond as required pursuant to Section 15.2 -2104, Code of Virginia (1950), as amended, as determined by the City Pursuant t, the requirements )t 1; h. 1�01 r, )f ,h,,. -it yE Rr,ar.,k.. A,q A)r .mecl it t ' —gular rl”, g t., b., mold " Murnla, August 2(1. 20!,i, 3: ''00 1) m. Icr,ai time, or as t�li r -aft• auncll s a, i,labl ;, :r fhl "yuncll Chambor Room 450 Ncel C Taylor Municipal Building, 215 Church A,enue, S.W., Roanok�t, Virginia 24011 F further mformarnon nn th.- Leas Agmement. you may contact the Office of the Crty Clerk at (540) 853 -2541. A copy of the proposed Lease Agreement will bit available at the City Clerks office nn and aft— Monday August o 2ri 18. Ail parties and interested perms may appear on the above dat anrd bme and be hl a'd 'n the Tatt,,r it you are; a p,,ron who n,eds 3ccammudattons for this h?aring, plr,ast, r)ntact the -fly Clerk at G40r 953 2541 b, her 12 M, or li,r rda, M1ugu, ?�', ,i,F' n;,, r t r, IRAIX- I.lf;AtefR.41 ADVERTISEMENT FOR INVITATION FOR BIDS AND NOTICE OF PUBLIC HEARING Before the Council of the City of Roanoke For Execution of a Lease Agreement (Preston Park) Pursuant to the requirements of Section 15.2 -2100, et seq., Code of Virginia (1950), as amended, the City of Roanoke, Virginia (City) hereby gives notice that the City is inviting bids from qualified bidders for a certain lease to install, operate, and maintain a telecommunications facility in an approximately 0.062 acre (2,736 square feet) portion of Preston Park within the City of Roanoke, Virginia, upon certain terms and conditions, as set forth in a proposed Lease Agreement. The proposed Lease Agreement includes the grant of Appurtenant Easements (as defined and described in the proposed Lease Agreement) for temporary construction activities, access, and certain utilities. The proposed Lease Agreement to be executed by the successful bidder, for an initial term of ten years, upon certain terms and conditions, grants the right, privilege, franchise, and authority to use a portion of Preston Park within the limits of the City of Roanoke, Virginia, to install, operate, and maintain a telecommunications facility. Any bidder shall be able to provide sufficient evidence that such bidder will be able to install, operate, and maintain a telecommunications facility and execute the proposed Lease Agreement, subject to all of its terms and conditions. If the City elects to award and execute the Lease Agreement, City Council will be requested to adopt an ordinance to that effect. The full text of the proposed ordinance authorizing execution of the Lease Agreement is on file and may be reviewed in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. The City Clerk will also have copies of the necessary bid form available. The proposed ordinance, proposed Lease Agreement, and bid form will be available at the City Clerk's Office on and after Monday, August 6, 2018. Any interested entity is invited to submit a written bid, including a completed bid form, for the proposed Lease Agreement as described above. Each bidder shall submit the following information: The legal name of the entity submitting the bid, including the Identification Number issued to it by the Virginia State Corporation Commission. 2. The bidder's agreement to execute, deliver, and perform the Lease Agreement. 3. The amount to be paid by the bidder for the monthly rent to be made to the City for such Lease Agreement and the minimum monthly rent amount. 4. The amount to be paid by the bidder to the City as a Site Fee payable at the time Bidder begins construction of the Base Station on the Site within the Lease Area. 1 le 5. The amount to be paid by the bidder to the City as a Colocation Fee payable at the time the second Carrier begins construction on or in the Site within the Lease Area. 6. Other information as the bidder deems appropriate. Item 2 may be submitted as a short narrative statement. Bids are to be submitted in a sealed envelope or container to the City Clerk at the address noted above on or before Noon, 12:00 p.m., local time, Monday, August 20, 2018. The outside of the bid envelope should be marked as follows: "BID FOR EXECUTION OF LEASE AGREEMENT, TO BE OPENED AT THE CITY COUNCIL MEETING AT 2:00 P.M. ON AUGUST 20, 2018." The bid should be addressed to the City Council of Roanoke, c/o Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. All bids received will be held by the City Clerk, unopened, until 2:00 p.m., local time, on Monday, August 20, 2018, at which time they will be delivered to the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, and thereafter be publicly opened and read aloud in accordance with Section 15.2 -2102, Code of Virginia (1950), as amended. The City reserves the right to cancel this Invitation for Bids and /or to reject any and all bids, to waive any informality or irregularity in the bids received, and to accept the bid which is deemed to be in the best interest of the City. The entity to whom the Lease Agreement may be granted and awarded shall reimburse the City for the costs of any advertisements for this matter. Such entity shall also provide a bond as required pursuant to Section 15.2 -2104, Code of Virginia (1950), as amended, as determined by the City. Pursuant to the requirements of Sections 15.2 -2100, et seq., and Sections 15.2- 1800(B), 15.2 -1813, and 15.2 -2204, Code of Virginia (1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the Lease Agreement at its regular meeting to be held on Monday, August 20, 2018, at 7:00 p.m., local time, or as soon thereafter as Council is available, in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. For further information on the Lease Agreement, you may contact the Office of the City Clerk at (540) 853 -2541. A copy of the proposed Lease Agreement will be available at the City Clerk's Office on and after Monday, August 6, 2018. All parties and interested persons may appear on the above date and time and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541 before 12:00 Noon on Thursday, August 16, 2018. GIVEN under my hand this day of 12018. 2 w 0 Stephanie M. Moon Reynolds, City Clerk Note to Publisher: Please publish twice in the Roanoke Times, legal notices, once on Monday, August 6, 2018, and once on Monday August 13, 2018. Please send affidavit of publication to: Stephanie M. Moon Reynolds City Clerk's Office Noel C. Taylor Municipal Building Room 456 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853 -2541 Please send bill to: R. Brian Townsend, Assistant City Manager P Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011 Phone: (540) 853 -2333 3 BID FORM FOR A LEASE AGREEMENT TO INSTALL, OPERATE, AND MAINTAIN A TELECOMMUNICATIONS FACILITY IN PRESTON PARK (Official Tax Map No. 2100601, located at 3137 Preston Ave NW, Roanoke, VA 24012) RESPONSIBILITY OF BIDDER: It is the sole responsibility of the Bidder to assure that its bid is delivered to the place designated for receipt of bids and prior to the time set for receipt of' bids. No bids received after the time designated for receipt of bids will be considered. BID DUE DATE, TIME, AND DELIVERY OF BID: All bids are due on or before Noon, 12:00 p.m., local time, Monday, .August 20, 2018, and are to be delivered to the address listed below. The completed Bid Form, together with any other documents the Bidder wishes to submit, should be enclosed in a sealed envelope and addressed as follows: Council of the City of Roanoke c/o Office of the City Clerk, Room 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Place in front lower left -hand corner of envelope and on the back of the envelope in bold letters the following title: "BID FOR EXECUTION OF LEASE AGREEMENT, TO BE OPENED AT THE CITY COUNCIL MEETING AT 2:00 P.M. ON AUGUST 20,2018." Date: aOf, "WY&I Iri , 2018 I LlEVONE T 46t L 111117W Pl7NaS-ti'(P " (V proposes and agrees, if its (Legal Name of Bidder) Bid is accepted, to enter into and be bound by a lease Agreement, a copy of which is on file in the Office of the City Clerk for the City of Roanoke, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Furthermore, the undersigned Bidder warrants that it can and will comply with the provisions of such Lease Agreement. Bid: Bidder agrees that lease payments will be made according to the Lease Agreement. In that regard, Bidder agrees to pay monthly rent of an amount equal to :ftUg percent ( `- K _ %) of the Gross Revenues (as defined in the Lease Agreement) derived from the use, leasing or occupancy of any portion of the Monopole or Base Station for the preceding calendar month. In no event will Bidder's payment to City under this provision after any Carrier (as defined and described in the, Lease Agreement) starts rent payments be less than ONE jAWIMO AM NbiJV_ dollars ($ �,a��.00 ). Payment is due to the City in accordance with the terms of the Lease Agreement. Bid: Bidder agrees to pay City j a Site Fee, which is equal to TO 1�i FIVE MANQ 40 R01 100 Dollars ($ 25, Q 6. Ot - - - - -� (the "Site Fee ") payable at the time Bidder begins construction of the Base Station on the Site within the Lease Area. Bid: On the date the second Carrier begins construction on or in the Site within the Lease Area, Bidder agrees to pay City a colocation fee of —Fi VF Tf V WSiN 0 INO N0160 _ Dollars (the "colocation Fee "). Bid Term: Up to 35 years, commencing on MOS7 x, 101 and ending or terminable pursuant to the terms of the Lease Agreement. Bid: Bidder agrees, if its bid is accepted, to execute, deliver, and perform all terms and conditions of the Lease Agreement, a copy of which is on file in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Bidder agrees, if its bid is accepted, to reimburse the City for the costs of any advertisements for this matter. Bidder agrees, if its bid is accepted, to provide a bond as required pursuant to Section 15.22-2104, Code of Virginia (1950), as amended, in an amount determined by the City. State Bidder's complete legal name, exactly as it is recorded with the Virginia State Corporation Commission (SCC), or the complete legal name of Bidder if it is not a corporation. LEGAL NAME OF BIDDER: NI NONE TDVVCT2- LAIRD P1112,TNEY-14V -IV BY:_ CM4 FITLE: P&S10EW - -- — (Printed Title) LEDlyW Ft, J t2 (Printed Name) STREET ADDRESS: 110 StMIEIT MGRS WW; : S0 t7E /00 MAILING ADDRESS: — CTCY: f 5mbN _._ -- - S I A I F: _ -VA - - -- -------ZIP CODE: 1OK4U TELEPHONE: 30A (y Zv. X555 FAX: _ i b�- 1l�------------ ____ -- Bidder's SCC Identification Number: M D 115 2y(0 2 The Roanoke Times Roanoke, Virginia Affidavit of Publication SHERMAN M STUVALL ASSISTANT Clrr YGR GO R Brun. Townsend Assistant City Manager to - ,ormmi,nity Development 215 CHURCH e,,VE SA R:)OM 364 F Vz= 24-1 1 Account Number 6017304 Date_ August 13, 2018 Date Category Description Ad Size Total Cost 08, 192018 Propos -Sld Bids -RFP ADVERTISEMENT FOR INVITATION FOR BIDS AND NOTICE 1 x 199 L 1 884 88 Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice ADVERTISEMENT FOR INVITAT was published in said newspapers on the following dates: ll8'06 08 132�J13 The First insertion being given ... 08 06 2018 Newspaper reference: 0000798' 79 . a/ il�cc V Billing Represen ative Sworn to and subscribed before me this Monday. August 13, 2018 Notary Public State of Virginia City/County of Roanoke My Commission expires THIS 15 NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU ADVERTISEMENT FOR INVITATION FOR BIDS AND NOTICE OF PUBLIC HEARING Bi4or,- tho Council „f th,• ut if Roanoke �.. o(I if a L'as, Agr.,,,,n, Tr?ston Park Pursuant to the' requirements of section 1512100. et seq., Code of Virginia 11950). as amended, the City'ot Roanoke, Virginia (City) hereby gives notice that the City is nviting bids from qualified bidders for a certain lease to nstall, operate, and maintain A tMecommunicaticns facility in An Approximately 0.062 acre (2,736 squar feet) portion of Preston Park within the City of Roanoke. 'Virginia, (Preston Park b„ing Of',iciai Tax Map N't_ 2100601, 1 at" l It i Prst ,, A NW R wn I, , 'rA 24.'2 ;p -n °rtes. .. ,n, in :cndlt rs. a, set r'.r *h IF I 1,r . T 1,� It Al t r I it i. I .it,. t3 i[ I'ditif Ag,_, Ir m'.t :'a, '.'.r^J if I, if y „a r, Merin certain tams and eondwon,. grant .C,,, right . pn,ileq :, fnnrhi;', an,1 il,th,iri,ty iu a5' A p'. rtl„F if Z1rt5t .n -1 irk A,th,rl th, it It •,r th "n, )f Raan•)k. :. Virginia t: instill ,jperIt In,1 T,d n! 1, 1, 1 t ,,, •,l'1Ln rII! far.IItI Any bridr-r ;0111 i 9LI,. to n:il 0, ILI- r, t of gyp, rIP' Intl ma,ntun I ti i, ore tun,L Itions fac,ht, 1,)r., -n, nt such , Ii' t r-1 In,f agdit., , I :hr �.t, IAat . af,1 -it,. th._ L ;a Agr,', ,pent l.,t, uxcil All t u St"'! ni Idopt I,: 11rance to that effect The full tho orop, ;s,,d )rdmana_ iuthor'_u,g IrIcuti 1r. if the' •a,e Agn­,rnent s ; rile anti nay be r ,wAed m th, Jffr, f th- tit, Roam 45o Nari , `Ayior Municoal Building, 235 -hurn A,enur -. S -'dv . RoarI V,rglnia 2401i The City Clerk hill also have copl,,s d the necessary bid form available The proposed ordinance, proposed Lease Agreement, and bid form will be available at the City Clerk s Office )n and after Monday August 5, 2018. Any interested entity is Invited to submit a written bid, Including a completed bid form, for the proposed Lease Agreement as described above. �I,h bid'l­ n ut,,, Th, I, gal I(1 r ;.,bnl*bng IF,' Je ltiTj _ab.n V 'Gcr t t rh.: Vvyr.,.I Slat ;ru 1r •.r C ,lr.mii;Ioc 2 1h„ bn3,l,,f agr._L.,o, it deiivor ir,! p,'rfr nn th,- - 'as' Ail rement 3 The amour;r r., b„ pah3 t th, ol_ldrr for the monthly rent to be made to th, City for such Lease Agreement and th,� minimum monthly rent 3mrunt_ 4. The amount to be paid by the bidder V) the City as a Site Fee payable at th,, time Bidder begins construrtion of the Base Station on the Site A thir th,^ ,_ ?asp. Area 5. The amount to be paid b, bidder to tht- City as a Colocation Fee payable At the time the second Carrier begins Construction an )r ,n tht, Sit,' A,thin the L,,ase Ara Otn,.r ro f_ F! r , ,., In, Ipn'JC,iI•.. F 1, i ,I ; ",Itr I 1, I ! f i t 1 r 1' l,t,lr r J, ., il. 11 N . r, , t ,fit, I) .I. I, If n, II )ut S, :f ,, th'. 'J,I n, loo,� sh,,old b, mark 1 I, '�Ih,A, BID FOR EXI: CL T,ON ,JF L "eASt AGREEMENT To BE OPENED At THE -ITV -OUNCJ MEETING AT 2 0(1 PM JN AiJGUST 2') 2013 Th, n,tt sr Aikt b,- iddrs,,o! th,- ,:t, -oun,J oI R, :III kr ' „, it 'I ',t, R, ­,1 4 in. N. , TI,,. r M,.,e,, ;pal Building. 210 I_h A. -, nu,, S w Roanok 'liry,nla 2 1 1,. Ail 6u1_ c,,i, ql Ait, b, h Jrl, b, 'h :It , r %,,,: ,I , S,;g, , 2._21)1? I vh,rn hr - , Alii b,- 10 11,''F ,i to the . fi h,in-t„ , Pin 't 45, N :, - I,I, Muni ,p,t, Bull 1, '.g I D ',fl it, n A, 3.w . Rolnuk, virgin,,) 241'1,. In,I 110' 0, 11 V r1ir. rri; n,itat,,n • 91,1 I'I , '*'le_, If,, and Ili bIdS. t,_ A -I, an. l ;f')rmai,ty 'r ,rr�gulart, IF t. an,l ri i th OIr1 Nhl Cft h„ n h �,t n'rrst It r, �Jty The .ntt, to n,ht,m tr' I- a,.. Agreement 7n xy be granted and awarded shall reimburse the City for the costs of any advertisements for this matter Such entity shall also provide a bond as required pursuant to Section 15.2 -2104, Code of Virginia (19501, as amended, as determined by the City S t X t 11 `s ; ? ^:8 .__ t9i i- z 22'1 -1. Ho, i- a�,,rro1, m:i? A public h,'enng .. th- 1''1;, All ..,_r -Ft It '.t - qul 1 r1, ,'f,nj r; h.,Id �)^ Monda,. August 20 2019. Ir. ':00 p F. local t,m,, )l a: mn then aft, r as Council is I,30,ibl, in in Council Chamber, Room 450, Noel C Taylor Municipal Building, 215 Church A,,�nue, S.W. Rnanok,� V,rgm,a 24';x'.1 F )r further information on the L ^as,- Agreement, you may contact the Office of the City Clerk at (5403 851 -2541- A Copy of the proposed Lease Agreement AT be available At the City Clerk's Office -m and aft r Mende, Au'lust 6 2018 Ai1 part•; an 1 W,4r i- if p, r, n, ,na, appear In th, ab,s., tit and hm� and b,' h,�ar! in th, matt­r It "A' aF' a pen„n AIL: 1eed> 3l, [nmodat:I)p; f,,r thi, h, -anng. ! „-tartif, - "'L -I,ri, ; )it, ,=it FJ CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 20, 2018 Subject: Presentation Regarding the Visit Virginia's Blue Ridge Annual Update I would like to sponsor a presentation by Landon Howard, President of Visit Virginia's Blue Ridge, to provide an overview of the activities of the organization by highlighting not only their recent accomplishments but also future projects to be accomplished. ------ - - - - -- -------- - - - - -- Robert S. Cowell, jr. City Manager Distribution: Council Appointed Officers VIRGINIA'S BLUE RIDGE° What does Visit Virginia's Blue Ridge do? Visit Virginia's Blue Ridge markets, develops, and manages the region's Virginia's Blue Ridge place (consumer) marketing brand. VIRGINIAS VISITVBR.COM BLUE RIDGE" IRGINIAS BLUE RIDGE �r ow hlWq 0 80TFTOURT sr.n, � u.ane w ROANOKt 0 Yeun FRANKLIN •po".. lwn Trwnt gi41 OaW 0.pn'n..+lY Sun..w.ewi T6i �.�ns.o .i ® rr+rua I- Regionalism is working in Virginia's Blue Ridge! Potential Customers Consumers Attractions Travel Agents VISIt Restaurants Virginia's Tour Operators Blue Hotels Ridge Rental Cars Meeting Planners Retail Visit Virginia's Blue Ridge as an information broker for the region's macro- tourism economy representing and working with over 1,400 partners. 2 City of Roanoke Business Partners = 563 Jurisdictional Business Partners: Roanoke County — 305 Botetourt County— 159 Franklin County —168 City of Salem —147 Dues Paying Members — 66 Total Visit VBR Business Partners —1,408 jREGDi<�3 VIRGINIAS VisjTVBR.com BLUE RIDGE* VIRGINI SS BLUE RIDGE® Place Marketing Funding Support City of Roanoke City of Salem Roanoke County Botetourt County Franklin County VISITV BR.com 3/8 TOT Collections 3/8 TOT Collections 3/7 TOT Collections 2/7 TOT Collections 2/5 Gen. Fund /TOT VIRGININS BLUE RIDGE' 3 Place Marketing Competitors Virginia Beach, VA $ 27.7 Million Asheville, NC $ 17.4 Million Raleigh, NC $ 7.4 Million Richmond, VA $ 6.8 Million Greensboro, NC $ 5.2 Million Norfolk, VA $ 4.7 Million Virginia's Blue Ridge (5) $ 3.6 Million Loudon County, VA $ 3.1 Million Fairfax County, VA $ 2.9 Million Charleston, WV $ 1.5 Million VIRGINIAS VISITVBR.com BLUE RIDGE' Adopt & Build The Place Brand VIRGINIA' S BLUE RIDGE° 8th CONSECUTIVE year of RECORD growth! Direct annual travel expenditures $813 million. "Source Virgin is Tourism Corporation 2016 `ls VIRGINIAS VISITVBR.COM BLUE RIDGE' 2 VIRGINIAS GINIAS BLUE RIDGE® Adopting the brand supports ON of Roanoke Virginia's Blue Ridge Expenditures $405 Million $813 Million Employment 3,620 7,878 Payroll $86 Million $168 Million Local Tax Collections $14.4 Million $27 Million State Tax Collections $16.1 Million $33 Million * Source Virginia Tourism Corporation 2016 VISITV BR.COM VIRGINIAS BLUE RIDGE' k Tourism = Place Marketing • It defines where we are, • It identifies who we are, and • And, why people would want to experience what we have VIRGINIAS VISITVBR.COM BLUE RIDGE' Place Marketing 401wor, Build a Place qh' PEOPLE WANT �1 � ■ � l ■ 3 IT ALL STARTS WITH �z A VISIT a= 0 TFn "You build a piece leis F WANT TO W0 %; VIRGINIAS VISITVBR.COM BLUE RIDGE* Place Marketing is the "First Date" for Economic Development VISITVBR.COM Place Marketing Supports Quality of Life Opportunities VIRGINIAS BLUE RIDGE' Visit Virginia's Blue Ridge & Roanoke Regional Partnership Quality of Life Projects September 1 -2, 2018 Fallon Park\�� VIRGININS VISITVBR.COM BLUE RIDGE' Visit Virginia's Blue Ridge & Roanoke Regional Partnership Quality of Life Projects -9 r SLUE T AMERICA'S TOUGHEST ►�►�► ROAD MARATHON ' 4 VISITV BR.COM VIRGININS BLUE RIDGE' W Visit Virginia's Blue Ridge & Roanoke Regional Partnership Quality of Life Projects Leverage 'VIRGINIA Marketing FOR Grant $25,000 Support Mtovpm i'AIN Events 1.0* n VIRGINIAS VISITVBR.Com BLUE RIDGE* Visit Virginia's Blue Ridge & Roanoke Regional Partnership Place Marketing Projects ,,.0-0� OUTDOOR SLOGGER SUMMIT October 14 -16 2018 100 Outdoor Bloggers� -� VIRGINIAS VISITVBR.CoM BLUE RIDGE* 0J Place Marketing Phase II VIRGINIA S BLUE RIDGE® Launch 2019 :..w�,jwaA�SfI1WWV�WE . �� W xxWWWW R4NOME VWNWW WEACN WINSTON SALEM a6REENSE0R0 � �RAEE16N"f CHARLOTTE" Place Marketing Supports Quality of Life Opportunities 10 11 12 VINIAS BLUE RIDGE® Place Marketing - Publicity TRAVEL+ �hcl�illa�lornittalctvs p °ppjs LEISURE go W &y Pathfinders- ," SO FUMM eM GroupTour I -- boroxom guardian VIRGINIAS VISITVBR.com BLUE RIDGE* 12 VIRGINIA'S BLUE RIDGE® Place Marketing Media Coverage (July 2017 -June 2018) All of Virginia's Blue Ridge (178 Articles) Estimated Earned Value: $1,512,074 Estimated Circulation: 678,666,658 # Journalists Hosted /Visited: 98 City of Roanoke only Values: $1,286,030 # Articles: 148 VIRGINIAS VISITVBR.com BLUE RIDGE' VIRGINIS BLUE RIDGE" Place Marketing Website & Social Media (July 2017 -June 2018) Unique Web /Mobile Site Visitors and Inquiries: 1,275,007 Opt -In Database: 181,659 - Followers: 145,320 =--" Facebook — 118,233 likes Instagram — 19,507 followers Linkedln - 871 followers Twitter — 4,716 followers Pinterest - 973 followers Google+ - 1,054 followers VIRGINIAS Vvsii-V BR.c om BLUE RIDGE' 13 VBR Sports — Place Marketing Targets Adventure Racing Mountain Biking MMA Competition BMX Cycling Off -Road Triathlons Boardsailing /Windsurfing Lacrosse Rock Climbing Traditional Triathlons Cheer /Dance Rugby Softball Archery Ultimate Frisbee Field Hockey Gymnastics Roller Hockey Tennis Boxing Ice Hokey Stand up Paddling Squash /Pickle ball Disc Golf CrossFit ( *Small sample of sporting events that VBR Sports will look at pursing.) VIRGINIAS VISITVBR.COM BLUE RIDGE* VIRGINIA S BLUE RIDGE® Place Marketing Meetings & Sports - 3 Years of SUCCESS! FY 2014/2015: **.*Lead Production •:• 54 RFP's •:• 23,000 Requested Rooms ❖ Booking Production •:• 60 Total Bookings •:• 30,000 Room Nights ❖ 41,000 Attendees ❖ $15 Million EIC VI SITV BR.COM FY 2017/2018: ••• Lead Production 282 RFP's 115,000 Requested Rooms Booking Production 159 Bookings 62,954 Room Nights More than 300,000 Attendees $30+ Million EIC VIRGINIAS BLUE RIDGE' 14 Virginia Tech Cardion Research Institute Brain Research V I S ITV BR.COM VIRGWIAS BLUE RIDGE' VI GINIAS BLUE RIDGE® Destination Vision Plan Planning for the future Vs. the future happening by chance. VIRGINIAS VISITVBR.CoM BLUE RIDGE' 15 Destination Vision Plan • Mountain Biking Silver Level Ride Center • Regional "Cheers Trail" • Amtrak - Passenger Rail Service • Virginia's Blue Ridge Brand Awareness • Workforce Development with VWCC • Centralized Calendar of Events • Greenway and Blueway enhancements • Sports Facility Feasibility Study • Explore Park - Adventure Plan • VBR Sports Initiative VIRGIMAS BLUE RIDGE® VISITVBR.COM VIRGINIA'S BLUE RIDGE° Performance Measures Room Demand Transient Occupancy Tax Collections VIRGININS VISITVBR.COM BLUE RIDGE' 16 VIRGINIA'S BLUE RIDGE HOTEL ROOM REVENUE 110,000,000 • ammm e 103,000,000 / e/. 96.000,000 89,000,000 / e/ 82,000,000 / • e ROOM REVENUE 75,000,000 •/ 2010 2011 2012 2013 2014 2015 2016 2017 VIRGINIAS Source: STR. Inc. BLUL RIME• 1, 250.000 1.2Da.c00 1, 150.000 1,100,000 1,050,000 1.000,000 VIRGINIA'S BLUE RIDGE HOTEL ROOM DEMAND .000010.00000' 4r,-03mg / .000001, /• • •ROOMS SOLD 950,000 2010 2011 2012 2013 2014 2015 2016 2017 VIRGINIAS BLUE RIL %,k' Source STR, Inc. 17 VISITV BR.CoM VIRGINIAS BLUE RIDGE° 2018 Room Revenue Source: STR. Inc. June YTD 2018 June YTD 2017 Roanoke City VI G NIS $27,989,626 Roanoke County $9,973,097 BLUE RIDGE® Salem $8,461,456 $7,114,132 2018 Room Demand $4,716,354 $4,581,588 Source: STR, Inc. $54,053,270 $49,300,684 June YTD 2018 June YTD 2017 Variance % Change Roanoke City 321,986 297,852 24,134 8.1% Roanoke County 130,412 122,802 7,610 6.2% Salem 102,018 84,534 17,484 20.7% Botetourt County 73,340 71,069 2,271 3.2% Totals 627,756 576,257 51,499 8.9% VISITV BR.CoM VIRGINIAS BLUE RIDGE° 2018 Room Revenue Source: STR. Inc. June YTD 2018 June YTD 2017 Roanoke City $30,902,363 $27,989,626 Roanoke County $9,973,097 $9,615,338 Salem $8,461,456 $7,114,132 Botetourt County $4,716,354 $4,581,588 Totals $54,053,270 $49,300,684 V I S ITV BR.COM VIRGINIAS BLUE RIDGE' Variance % Change $2,578,119 10.4% $350,575 3.7% $1,069,343 18.9% $109,256 2.9% $4,107,293 9.6% VIRGINIAS BLUE RIDGE' M VIRGINIAS BLUE RIDGE® Strategic Goals by 2021 • Virginia's Blue Ridge will be one of the top three mountain vacation destinations of choice for customers living in Richmond, Northern Virginia (DC metro), Raleigh - Durham, and Greensboro feeder markets. • Virginia's Blue Ridge will be the most popular mountain biking destination on the United States East Coast. • Virginia's Blue Ridge will grow visitation to a level that will bring in $1 billion dollars in direct travel - related expenditures. Vim NBR.COM VIRGINIAS BLUE RIDGE* 0 0 0 VIRGINIA'S BLUE IRJDGE- FOUNDATION VIRGINIAS VISITVBR.com BLUE RIDGE* 19 2030 Destination Vision Plan • Create a Mountain Biking "Go for the GOLD" Initiative ■ Develop long -term funding to maintain sports venues and trails ■ Build a Indoor Sports Complex ■ Create Virginia's Blue Ridge Regional Wayfinding VIRGINIAS BLUE RIDGE® FOUNDATION Regional Wayfinding rruws.r+o•or aw�ra �rrsxnw rwrrr�nr+.a y >wn a -. rsrw u�w•w� r -'$ rrr r w.wn unrar �� urwio•ln rrarw 1r t% t VDS1 VDS2 VDC1 VDC2 PKG1 PKG2 Vlwwu•DInCIWM•1 SK.11ac1101151•�1.0, n.c— or---- SSCr•4 {a piY �ouiLf r11rK lrrWlr LrrNt VIRGIPIIAS VISITVBR.COM BLUE RIDGE* 20 VIRGINIAS BLUE RIDGE 2019 -2021 Marketing Plan Executive Summary Mission Visit Virginia's Blue Ridge (formally the Roanoke Valley Convention & Visitors Bureau) is a 501 (c) 6, quasi - government, trade organization that exists to promote Virginia's Blue Ridge (VBR) as a unique regional destination with outstanding quality of life, for leisure tourism, meetings, sports events, recreation and business, and to facilitate the financial and cultural growth of the community as an exceptional place to live, work and recreate. In short, Visit VBR is responsible for development and marketing of the VBR regional consumer brand. Primary Objectives Visit VBR serves as an information broker for VBR's macro tourism economy, representing and working with over 1,550 hospitality and tourism businesses and government partners, including the Cities of Roanoke and Salem and Counties of Botetourt, Franklin, and Roanoke. Visit VBR's primary objectives are to expand market -size as monitored by two key measures: (1) ROOM DEMAND which is the measure of the number of rooms sold in the VBR region. (2) ROOM TAX COLLECTIONS which is Transient Occupancy Taxes (TOT) paid by visitors while staying in lodging properties in funding jurisdictions or as described in the Visit VBR's Bylaws as "participating localities." Measured Results Tourism is Big Business which creates "economic impact" and furthers economic development. As a result of the Visit VBR achieving the primary objective, the following 2016 numbers* will expand over time: VBR Visitor Spending - $813 million VBR Visitor - Related Jobs - 7,878 VBR Visitor - Related Payroll - $168 million VBR Visitor - Related State and Local Tax Collections - $60 million *Source: Virginia Tourism Corporation Funding Formula On January 1, 2013, Visit VBR began receiving funding from the Cities of Roanoke and Salem and Roanoke County as part of an established, contractual - formula based on TOT collections. Visit VBR will receive 100% of all the collections from 3% points of TOT. During 2016, Botetourt County enacted a 2% TOT which will also be allocated to Visit VBR. Franklin County provides an amount equal to 2% points of TOT from their General Fund. As a result of this formula, Visit VBR's budget will increase as TOT collections increase. In the event that collections decrease, Visit VBR's budget will decrease. The goal is to continually expand the VBR's marketing efforts and to grow the macro tourism economy, thus the amount of TOT collections to jurisdictions. Rrand In April 2012, Visit VBR launched a new regional destination brand "Virginia's Blue Ridge." The brand name capitalizes on the region's two world -class assets that are known worldwide, the Blue Ridge Mountains and the Blue Ridge Parkway. In January 2018, Visit VBR launched a new regional initiative to capture more sports tourism "VBR Sports ". The brand aims to capitalize on the rich history of successfully hosting sporting events, while growing and diversifying the sporting events held in the VBR region. Brand Platform To differentiate Virginia's Blue Ridge as a true and distinctive regional destination brand, a Brand Platform was established: Target Audience: For those seeking a rich mix of culture and outdoors Frame -of- Reference: Virginia's Greater Roanoke Valley, linking areas within an hour radius of Roanoke /Salem (Botetourt County, Franklin County, Smith Mountain Lake, Bedford, Floyd, Blacksburg, to Natural Bridge) Point of Difference: boasts the largest metropolitan center in the Blue Ridge Mountain chain Benefit: adding surprising vibrancy to the serene splendor and outdoor adventure of Virginia's Blue Ridge Mountain Taraet Feeder Markets - External BEACH O Target City Primary Target Market Secondary Target Market Marketing External is responsible for developing and managing integrated advertising /marketing campaigns to generate a media optimization mix that maximizes results in all market segments. The following strategies will be adopted: 1. Increase awareness of Virginia's Blue Ridge and deliver on the brand platform. 2. Identify and promote the key positioning support elements that will differentiate Virginia's Blue Ridge as a destination compared to its regional competitors. 3. Virginia's Blue Ridge will be used locally, regionally, and nationally as a convention, sports, travel trade and leisure destination with quality lodging, amenities, and offerings that are unique only to the region. 4. Craft an advertising and promotional campaign that will strategically reach the target audience and leverage synergies utilizing primarily Internet and social media efforts as well as broadcast /pre -roll and print mediums to deliver Virginia's Blue Ridge platform and increase inquiries. S. Establish an editorial /content calendar to promote experiences and /or storytelling to potential visitors. This will be accomplished by developing written and video content that will be included on the website, blogs, and e- Newsletter and dispersed through social media and online advertising. 6. Feature unique experiences and partners in the region with blog posts that provide in -depth guides and information about Virginia's Blue Ridge. 7. Incorporate a call -to- action, using promotions and campaigns that drive customers to the website, mobile passport programs, and social media. 8. Develop overall advertising to take full advantage of changing trends in Sunday through Thursday and Thursday through Sunday travel. (mini or weekend vacations) 9. Highlight niche markets identified in the Branding /Research process. These include outdoor recreation with a focus on mountain biking, arts & culture, craft beverages and family fun. 10. Develop a strategic marketing plan specific to target potential visitors along the Amtrak Northeast Regional Route with a concentration on the Northern Virginia/Washington DC markets. 11. Target the Mid - Atlantic regions with a special focus on Richmond, Virginia Beach and Northern Virginia and Raleigh /Durham, Charlotte, Winston Salem and Greensboro in North Carolina. 12. Develop corporate sponsorships to attract VBR feeder markets. 13. Maintain a responsive, attractive destination website /mobile site including listings, images, blog posts, packages and specials offers. 14. Increase traffic to the website through online ad banners, native advertising campaigns, social media advertising, Search Engine Optimization (SEO), Pay Per Click (PPC) and travel industry links. 15. Develop consumer based social media opportunities including Facebook, Twitter, Instagram, Linked -In, Pinterest, YouTube, and Google +. 16. Target consumers, Meeting Planners and Sports Planners through e- marketing and develop niche markets to communicate more effectively and bring more visitors to the region. 17. Create quality Virginia's Blue Ridge promotional materials and publications to support all market segments. 18. Maintain and develop a consistent message and deliver on the brand promise by culturalizing the brand and brand merchandising opportunities. 19. Conduct meetings with the Marketing Tourism Advisory Council. 20. Collaborate with Virginia Mountains Region partners to elevate awareness through various Virginia Tourism Council and marketing programs. 21. Monitor and analyze research information through research consultants, Google Analytics, social media insights, ADARA, Smith Travel Research and tax revenue reports. Public Relations - External is responsible for delivering the VBR message in a cohesive and comprehensive manner. The goal is to increase awareness in the media for VBR as a meetings, sports, and leisure destination through effective public relations focusing on external markets with principal focus on feeder markets with the following strategies: 1. Strengthen media outreach plan to generate record earned media. 2. Work directly with Agency to reach new contacts and enhance the overall effectiveness of reaching the targeted audience. 3. Regularly target media and digital influencers through PR software as well as desksides and trade shows. 4. Conduct media visits and media tours working collaboratively with our partners. 5. Inform partners of media coverage generated by VBR and educate on opportunities to participate. 6. Use PR analytic software and the CRM Media /PR module to record PR contacts, key publications, articles and build reports. 7. Maintain a relevant press kit for Virginia's Blue Ridge with a wealth of partner story ideas. 8. Responsible for updates on the Visit VBR Media page and maintaining a streamlined media request inquiry webform. 9. Create new PR partnership opportunities (Examples - Outdoor Recreation /Mountain Biking, Craft Beverages and Amtrak) 10. Compliment public relations efforts with VBR's editorial /content calendar. 11. Seek new story ideas from partners for editorial coverage. 12. Create and distribute targeted seasonal news releases utilizing the marketing content calendar. 13. Reinforce VBR's brand on a national level and potentially internationally through PR tactics. 14. Target media markets and journalists in specific Virginia and North Carolina markets. 15. Meet with other PR professionals within the region to elevate the awareness of VBR (PRSA, Experience, Roanoke County Advisory Commission, Virginia Recreational Facilities Board, etc.) 16. Maintain a healthy rapport with VTC, regional and national media, focusing on feeder markets. Meeting Sales - External is responsible for generating VBR convention /meeting business by adopting the following strategies: 1. Implement Lead Development Program. 2. Identify Market segments in order of strength: Sports, Medical Meetings, Religious, Associations, Corporate, Government, and Military Reunions. 3. Increase local meeting partner contact base. 4. Obtain memberships and exposure in key state, regional and national associations. 5. Exhibit in National & Regional market segment specific tradeshows. 6. Partner with local hotel property sales teams to ensure effective presentations and communication. 7. Support activities that build relationships with meeting planners. 8. Maintain a superior level of convention services for all meetings. 9. Capitalize on the Virginia's Blue Ridge campaign in coordination with the Marketing Department. 10. Orchestrate joint sales calls /missions with hotel, facility, and /or attraction partners. 11. Develop a strategy to enhance our working relationship with Third Party planning companies. 12. Focus on meetings and events business that target need periods. 13. Fully utilize Simpleview CRM & Cvent to maximize efficiency. 14. Continue to gain product knowledge and awareness in regards to Virginia's Blue Ridge. 15. Work closely with the marketing and communication departments to ensure that Virginia's Blue Ridge message is clear, concise and on- target. Sports Sales & Services - External is responsible for achieving a two -fold mission including promoting VBR as a premier sports destination and coordinating production and organization of a variety of quality sporting events that will bring sports competitions and spectators to the region. This will be accomplished by working closely with the VBR Sports Council, venues, local clubs, organizations and partners in an effort to identify potential sporting events. The following strategies will be adopted: 1. Partner with local contacts to assist in the prospecting for Virginia's Blue Ridge for sports events business. 2. Obtain memberships with national associations. 3. Partner with the hotel and facility sales teams to ensure effective presentations. 4. Capitalize on VBR Sports campaign. 5. Work with lodging partners and facilities to offer a complete and welcoming package. 6. Develop and host events during key seasons. 7. Exhibit in Sports specific tradeshows and events. 8. Nurture relationships with state -wide organizations that will enhance awareness of VBR Sports. 9. Fully utilize Simpleview CRM to assist with efficiencies. Virginia's Blue Ridge Development - Internal is based on action steps from the Destination Vision Plan. The following strategies will be adopted: 1. Establish Destination Visioning priorities 2. Implement action steps as a result of identifying those priorities from the Destination Vision Plan 2030. 3. Monitor and report progress in the areas of development 4. Work directly with VBR jurisdictional economic development partners in the Cities of Roanoke and Salem and Counties of Roanoke, Botetourt, and Franklin as well as the Virginia Tourism Corporation. 5. Sponsor events mirroring our mission and messaging. 6. Create materials needed by potential tourism industry developers (Ex. — Tourism Development Fact Sheet) 7. Enhance VBR involvement in tourism development projects. Virginia's Blue Ridge Regional Public Affairs & Branding - Internal is responsible for the overall VBR branding and messaging internally in a cohesive and comprehensive manner. The overall goal is to increase awareness of Visit VBR and the tourism industry. Tourism is BIG Business. The following strategies will be adopted: 1. Work with local governments to extend the VBR brand and consistent messaging 2. Utilize a presentation template relevant to economic impact talking points and branding. 3. Collaborate with Virginia Mountains Region partners to increase awareness 4. Create new VBR partnership opportunities. 5. Create awareness with internal Public Affairs efforts, including media coverage and media relations. 6. Keep the tourism industry recognized as an economic engine for the area (Tourism is BIG Business). 7. Grow our partnership with Virginia Western Community College to assist with Workforce Development through customer service and hospitality training. 8. Oversee and engage communities with wayfinding plans, design and budget. 9. Gather pertinent Visit VBR accomplishments throughout the year and produce an Annual Progress Report. 10. Conduct meetings throughout the year with the Public Affairs Advisory Council. 11. Meet with influencers within the region to elevate the awareness of VBR. 12. Plan and coordinate the Annual meeting. Visitor Services - Internal is the official reception team responsible for providing vacation planning assistance to potential visitors and current visitors through direct contact, mail fulfillment, and online responses. The goal of these efforts is to encourage overnight visitation and to extend the average stay of visitors in VBR. Visitor Services also serves as Visit Virginia's Blue Ridge receptionist answering staff calls and welcoming staff appointments. The following strategies will be adopted: 1. Operate a Visitor Center open daily — 9am — 5pm with a well- trained staff that provides pertinent visitor information and can sell the region giving visitors a reason to stay longer. 2. Serve as the initial point of contact for the Visitor Information Center, Visit VBR, and online inquires. 3. Seek up -to -date information through internal and external platforms in order to provide high quality service to visitors and partners. 4. Distribute Visitor's Guide to target areas and maintain brochure inventory (ex. — VA Welcome Centers, AAA Offices, Interstate 81 and Interstate 77 locations in VA and NC). 5. Plan and conduct Hospitality Training Workshops for customer service excellence. 6. Utilize Simpleview CRM to track and fulfill visitor inquiries. 7. Provide robust partner referrals to visitors allowing partners to view via Extranet. 8. Oversee the comprehensive Calendar of Events and work directly with partners to keep the calendar current and comprehensive. 9. Increase the level of awareness for the Visitor Center through participation in various community events, parades and runs (Ex. GO Outside Festival tent, Open Thanksgiving Day for the Drumstick Dash, St. Patrick's Day Parade participant etc.) Partnership Services - Internal is responsible for seeking businesses and services to attract more visitors to Virginia's Blue Ridge. This is accomplished by communications, maintaining the Customer Relationship Management (CRM) Program, facilitating CRM Partner Training, and working collaboratively with all partners across departments. The following strategies will be adopted: 1. Stay connected with partners offering benefits to increase visibility. 2. Promote and engage partners in supporting Visit VBR's programs and initiatives. 3. Maintain updated partner CRM listings and contacts. 4. Solicit support of cooperative advertising, online advertising and promotional programs for input and sponsorship buy -in support. 5. Conduct cooperative marketing meetings to unveil marketing programs /opportunities. 6. Manage and track Partnership dues - paying members using Partnership Guidelines that are based on whether tourism - related businesses are located within a participating locality or a non - participating locality, as defined by Visit VBR Bylaws. . Participating Localities are those that provide Visit VBR all revenue that is collected from a minimum of 2% points of their TOT collections. Tourism - related businesses that operate within Participating Localities complimentary Partnership subject to Visit VBR's Executive Committee approval. • Non - Participating Localities: Tourism - related businesses that operate within Non - Participating Localities will be assessed membership annual dues. 7. Encourage Partners to work together to develop cross - selling programs and packages. 8. Work with all Visit VBR departments to support, advocate, and encourage Partnership involvement and satisfaction with overall Visit VBR performance. 9. Develop CRM training documents, and conduct Partner training workshops. Revised 8.1718 2016 -2020 STRATEGIC PLAN OF VISIT VIRGINIA'S BLUE RIDGE August z 2018 Y FORWARD In the summer of 2014, Visit Virginia's Blue Ridge embarked upon an ambitious destination visioning process to identify opportunities to help guide the region's future development. To assist the effort, the Bureau engaged the services of DMOproz to direct the process that included a comprehensive destination assessment, in -depth conversations with key community leaders and governmental officials and several rounds of focus groups and listening sessions in which residents of Virginia's Blue Ridge could offer their input into the plan. Ultimately, this process produced a series of mind maps that will guide destination development conversations and advocacy over the next decade. Shortly after the 2030 Destination Vision plan was presented to the public, the Board of Directors of Visit Virginia's Blue Ridge participated in a workshop in which members considered how the organization would attempt to move items in the vision plan forward and enhance the attractiveness of (and visitation to) Virginia's Blue Ridge. Utilizing a prioritization tool developed by BJ Fogg of Stanford University, the Board identified the most important initiatives before the destination and considered ways to achieve them. This document contains the Bureau's strategic plan for the years 2016 through 2020 and is divided into four sections. The Executive Summary, beginning on the next page, is a concise five -page summary of the key goals and objectives before the organization. The middle section contains the Mind Maps developed for the 2030 Destination Vision Plan along with the Fogg Prioritization Charts developed by the Board during their workshop. These are included as background for the full Strategic Plan, which begins on page 16. August 7, 2018 2016 -2020 STRATEGIC PLAN OF THE VISIT VIRGINIA'S BLUE RIDGE EXECUTIVE SUMMARY GOAL ACTIVELY SUPPORT EFFORTS TO ENHANCE TRANSPORTATION TO AND THROUGHOUT VIRGINIA'S BLUE RIDGE ✓ Objective A — Work with the Regional Governments to Adopt the Virginia's Blue Ridge Brand and, in turn, develop an Effective and Uniform Wayfinding & Welcome Signage Program - Wayfinding company hired. Final recommendations to be presented to participating localities. Fund raising with governments, foundations, and industry underway. ✓ Objective B — Work to ensure that Amtrak Service Meets the Needs of Future Visitors - Service began October 31, 2017. Working with Amtrak and industry to promote and market the service, specifically from Washington DC metro. Assessing wayfinding needs from platform and assessing visitor friendly services. ✓ Objective C - Advocate for a Gateway Welcome along Interstate 81 emphasizing Lighting and Landscaping and continue to advocate for I -73 Designation - Addressed Lighting and Landscaping needs on I -81 with VDOT. Will work to include lighting as part of the Interstate 81 assessment that is currently underway. ✓ Objective D — Support Opportunities to Ensure Sufficient Parking for Visitors to Virginia's Blue Ridge — Adequate parking exists. Working with Wayfinding Company to better identify where parking for visitors and residents exists. ✓ Objective E — Support Efforts to Enhance Commercial Air Service to Virginia's Blue Ridge - Supported two airline meetings in VBR and will continue to monitor enhanced hub /connections. Actively promoting VBR by generating travel publicity in markets where there are direct flights. ✓ Objective F — Support Efforts to Develop a Visitor - friendly Trolley or Shuttle System for Metropolitan Roanoke (including Salem & Vinton) - Not addressed in this phase. ✓ Objective G - Support efforts to complete the Regional Greenways system and enhance multimodal connections — Monitoring progress — attended public meetings. Priority support for extension of Greenway to Explore Park. August 7, 2018 GOAL SUPPORT DESTINATION ENHANCING DEVELOPMENTS ✓ Objective A — Support Efforts to Develop Explore Park into a World -Class Outdoor Recreational and Destination Attraction - Dedicated to working alongside Roanoke County Parks Recreation & Tourism on implementing the Master Plan and promote the park as an outdoor destination within Virginia's Blue Ridge. ✓ Objective B — Support the Development of Entertainment Districts in jurisdictions throughout Virginia's Blue Ridge - Promote Rocky Mount, Boone's Mill, Vinton, Troutville, Daleville, Buchanan as unique destinations for music, food, etc. ✓ Objective C — Support the Development of Destination Defining Events — Sponsor and/or promote VBR Fondo, VBR Go Cross, Blue Ridge Marathon, Salem Marathon, Creature from Carvins Cove, etc. in order to build local recognition of Virginia's Blue Ridge as a brand. ✓ Objective D — Enhance the Visitor Experience by offering a Comprehensive Calendar of Events for Virginia's Blue Ridge - Visit VBR has achieved good support from industry for populating the calendar. Visit VBR has a dedicated staff person who works every day to populate calendar. This is the most comprehensive calendar in the region. ✓ Objective E — Support Efforts to Enhance Mill Mountain in a Manner that meets Resident and Visitor Needs - Proposed "Welcome" signage on Mill Mountain and working with the leadership at Mill Mountain Zoo. ✓ Objective F — Support the City of Salem's Downtown Revitalization Plan - Supported the City of Salem Economic Development Office to develop for VTC recognized Tourism Zones. Working with the City of Roanoke, Botetourt County, and Town of Vinton towards similar tourism zone goals. ✓ Objective G — Support Designated Tourism Zones that encourage Tourism Development Projects - Offering ongoing support for the Economic Development offices and engaging with VTC to meet with key leader. August 7, 2018 GOAL IDENTIFY OPPORTUNITIES TO DEVELOP AN OUTDOOR UNIVERSITY BRAND FOR THE REGION ✓ Objective A — Develop a Platform from which Virginia's Blue Ridge can be positioned as the place where Visitors can learn skills and enjoy the region's outdoor assets - Explore Park and outfitters are gearing up for this need, Botetourt and Franklin Counties provide numerous outfitters and fishing guides who provide existing services, organizations like the Blue Ridge Back Roads Club formerly the Roanoke International Mountain Biking Association provides ambassador programs for new visitors, etc. ✓ Objective B — Work to establish Virginia's Blue Ridge as America's East Coast Mountain Biking Capital — Awarded IMBA Silver Ride Center designation in May 2018. Visit VBR is now positioning the Virginia's Blue Ridge Ride Center as "America's East Coast Mountain Biking Capital." The next step is to launch the "Go for the Gold," which will raise funds necessary to take the Virginia Blue Ridge Ride Center to GOLD by 2021. August 7, 2018 ACTIVELY SUPPORT THE ARTS, CULTURE & HERITAGE OF VIRGINIA'S BLUE RIDGE AS A DEFINING ASPECT OF THE DESTINATION ✓ Objective A — Support the development of a Regional Arts Commission that includes Arts & Culture Organizations and Colleges that Represent and Support the Diverse Culture of Virginia's Blue Ridge. Engage in discussions with the arts and cultural community to identify needs. Working closely with City of Roanoke Arts Commission and attractions to create the Star City Pass. To date, Visit VBR is actively marketing the Star City Pass as a great value to out -of -town visitors. ✓ Objective B — Support the burgeoning Culinary and Craft Beverage Scene throughout Virginia's Blue Ridge. Visit VBR will embracing craft breweries, spirits, and wineries by launching a "Cheers Trail" during August 2018, which is part of Craft Beer Month. Visit VBR will continue blogging that effectively positions and promotes the foodie scene. August 7, 2018 • Objective C — Supporting rail heritage, music heritage etc... Support efforts to enhance the interpretation of the Region's rich Heritage — Actively advocating with the Virginia Museum of Transportation to reinstitute 611 Rail Excursions through Amtrak. Working with the Link & History Museums to promote special events in the Common Space shared with Visit Virginia's Blue Ridge. Actively promoting the music of the region through blogs and e- newsletters that are sent to databases. • Objective D — Assisting in a supportive role — and assessing needs Champion the Region's Performance Arts Scene — Actively promoting the Harvester, Jefferson Center, Salem Civic Center, Berglund Center, Elmwood Park, Daleville Town Center, and the many other venues that offer a multitude of music offerings and special events to visitors and residents. Objective E — To be addressed in a future phase support the development and interpretation of Art and Entertainment Districts and Public Art — As part of the Virginia's Blue Ridge experience these product offerings are promoted in printed materials like the Visitors Guide and throughout www.VisitVBR.com including the Booker T. Washington National Monument, Henry Street Festival, Harrison Museum of African American Culture, Blue Ridge Institute & Museum, and many more. August 7, 2018 GOAL ADVOCATE FOR THE DEVELOPMENT OF FACILITIES CAPABLE OF HOSTING LARGE EVENTS ✓ Objective A — Analyze and, if appropriate, Take Steps to Propose/Develop Tournament -Grade Sports Complexes Visit VBR commissioned a Financial Analysis for an Indoor Sports Complex study with the National Association of Sports Commissions to determine the greatest need for a sports facility that would be used by partner Park & Recreation Departments to be used by local residents and provide a return on investment for out -of -town tournament play booked by Visit VBR. The review location options included an expansion of Salem High School, Virginia Western Community College, and perhaps other options for locations. ✓ Objective B — Initiate Discussions Regarding the Next Generation of Convention and Meeting Facilities Visit VBR is working with Botetourt Government to develop a new conference center and 200 -room hotel in Botetourt County next to Interstate 81's Exit 150. ✓ Objective C — Advocate for upgrades of existing meetings and sports facilities in order to maintain high quality options for customers — The National Association of Sports Commissions conducted an inventory Market Analysis of Facilities in the Virginia's Blue Ridge region. VBR Sports was officially launch in January 2018. August 7, 2018 GOAL INCREASE THE RESOURCES AVAILABLE TO MARKET AND DEVELOP THE DESTINATION ✓ Objective A - Analyze opportunities to increase the Visit Virginia's Blue Ridge budget through increased public sector investment. Botetourt County's Board of Supervisors increased Transient Occupancy Tax Collections to 7% of which 2 percentage points have been dedicated to Visit Virginia's Blue Ridge for marketing Botetourt County as part of Visit Virginia's Blue Ridge. This was made possible with the support of Delegate Terry Austin, who decided to patron a bill in the General Assembly. The bill was approved. Franklin County's Board of Supervisors formally requested that the General Assembly provide authorization to increase Transient Occupancy Tax Collections from 5% to 7 %. The Board passed the request with a unanimous vote that was intended to dedicate 2 percentage point to Visit Virginia's Blue Ridge. The request was rejected by the delegates representing the county. ✓ Objective B — Analyze opportunities to increase Visit Virginia's Blue Ridge budget through increased private sector investment. During November 2016, the Visit Virginia's Blue Ridge Executive Committee created a Visit Virginia's Blue Ridge Foundation to connect the private dollars to dedicated tourism projects. To date, foundation projects have including the Mountain Biking Initiative to develop VBR into a Silver -level Ride Center. The second project that is currently being developed is the VBR Wayfinding Project for all five (5) participating localities. Funds will be provided to start the initial posting of VBR signage. August 7, 2018 2030 DESTINATION VISION PLAN FOR VIRGINIA'S BLUE RIDGE MIND MAPS To ensure that the 2030 Destination Vision Plan is as organic as possible, Visit Virginia's Blue Ridge depended upon mind mapping as a way to organize and coordinate thoughts and initiatives. In this way, those working the Destination Vision Plan will be able to add and delete concepts as appropriate over the upcoming 15 years. After an exhaustive year long process that vetted these mind maps with over 300 representatives of Virginia's Blue Ridge, concepts were assigned to four primary maps: infrastructure, outdoor recreation, arts culture and heritage and meetings, conventions and events. They are reproduced here as background for the Strategic Plan. August 7, 2018 DESTINATION INFRASTRUCTURE VISITOR CLEARLY DEFINE & SIGN DISTRICTS EXHIBIT UPGRADES RESTAURANT /MEETING INFORMATION &NEIGHBORHOODS CENTERS SPACE ENTERTAINMENT MILL MOUNTAIN Z00) ! INTERSTATE LIGHTING DISTRICTS UNIFORM WAYFINDING & WELCOME? DIRECTIONAL SIGNAGE INFRASTRUCTURE -73 PARKING ADDITIONAL HOTEL INVENTORY) AIRPORT SERVICE ' -""'• SMITH MOUNTAIN LAKE ADVOCATE FOR ADEQUATE NEAR PUBLIC PARKING THROUGHOUT VBR ADDITIONAL ROUTES ASSEMBLY BOTETOURT FACILITIES SALEM ADDITIONAL SEATS O ' ROCKY MOUNT August 7, 2018 R LNEUTES �AND GROUND TRANSPORTATION OPTION - ENSURE PLATFORM IS BIKE FRIENDLY SUPPORT AMTRAK SERVICE .,•. ENSURE STATION IS \OCATED PROPERLY PARKING ADDITIONAL HOTEL INVENTORY) AIRPORT SERVICE ' -""'• SMITH MOUNTAIN LAKE ADVOCATE FOR ADEQUATE NEAR PUBLIC PARKING THROUGHOUT VBR ADDITIONAL ROUTES ASSEMBLY BOTETOURT FACILITIES SALEM ADDITIONAL SEATS O ' ROCKY MOUNT August 7, 2018 OUTDOOR RECREATION UNIQUE LODGING RAFTING /KAYAKING ZIPLINE & = f ENHANCE SIGNAGE FOR DIFFICULTY, CLIMBING = 1 DISTANCE & AMENITIES COMPLETE 75« MILE TRIP CONNECT TO THE GREENWAY ATV TRAILS FISHING •• ___ - - �- HIKING TRAILS MUSIC AMPHITHEATRE ?• ° " "•" EXPLORE PARK BETTER CONNECTIVITY TO EXPAND & CONNECT " "" "(DOWNTOWN ROANOKE & SALEM ENHANCE SIGNAGE FOR DIFFICULTY, DISTANCE & ENHANCED PADDLING TRAILS AMENITIES MOUNTAIN BIKING GREEN & BLUE WAYS° - MORE PUBLIC TRAILS "' ACCESS POINTS .,� SIGNATURE EVENTS (OUTDOOR UNIVERSITY & ERSITY OUTDOOR RECREATION "" COMPETITIONS SIGNATURE r BICYCLING e- EVENTS BE THE PLACE TO ENCOURAGE OUTFITTERS ENHANCED BICYCLING LEARN HOW OPPORTUNITIES PROFESSIONAL GRADE SKATEPARK CMD �-.� (TRAIL CLASSIFICATION) BIKE LANES 1 (BLUE RIDGE PARKWAY e TIES, TOWNS & HIGHWAYS August 7, 2018 ARTS, CULTURE &HERITAGE RESTORE CLASSIC ADVERTISING ON BUILDINGS PUBLIC ART TRAIL HISTORIC �- J MURAL ART MODERN STATUARY GRAFFITTIART ....I'll...., ,, EXPAND PUBLIC ART IN VBR THE CROOKED ROAD SUPPORT THEATRES i` SUPPORT MUSIC EXISTING AND 4 NEW MUSIC FESTIVALS EXPAND DIVERSITY SUPPORT MUSIC VENUES a , �EXPAND ( ENCOURAGE EXPANDING ORMANCE ART UTILIZATION OF ELMWOOD PARK _ ENHANCE HERITAGE ARTS, CULTURE & HERITAGE ASS ) FREEDOM TRAIL SITES & ET BASE RAILROAD HERITAGE SUPPORT LOCAL CENTRALIZED ARTESINAL CULTURE CALENDAR OF CONNECT MORE � EVENTS H EFFECTIVELY WIT J -611 EXCURSIONS COLLEGES ROUND THE MOUNTAIN WINERIES, FARM BREWERIES & TO TABLE ARTESAN STUDIOS ALUMNI CONNECTIVITY . DISTLLERIES & GALLERIES ARTS DISTRICTS MORE EFFECTIVE CALENDARING STUDENT EXPOSURE TO THE DESTINATION COOPERATIVE MARKETING August 7, 2018 MEETINGS, CONVENTIONS & EVENTS ICE VENUES PACE REPORTING INDOOR SPORTS UTILIZE EVENT CALCULATOR, ARENA DEVELOP A INDOOR FACILITIES AND OTHER DATA SERVICES COMPRESSION REPORT OUTDOOR FACILITIES ADVOCATE FOR ADDITIONAL ENHANCE EVENTS TOURNAMENT GRADE COMPLEXES INTELLIGENCE COSMETIC ENHANCEMENTS MEETINGS, CONVENTIONS & EVENTSJ ADVOCATE FOR ADDITIONAL HOTEL ADVOCATE FOR UPGRADED INVENTORY NEAR VENUES MEETING & EVENT VENUES -- MORE BREAKOUT SPACE BERGLUND CENTER (SALEM CIVIC CENTER HOTELROANOKE CONFERENCE CENTER August 7, 2018 2016 -2020 STRATEGIC PLAN OF THE VISIT VIRGINIA'S BLUE RIDGE PRIORITIZATION OF OPPORTUNITIES (FOGG METHOD) With the plethora of concepts before Virginia's Blue Ridge, the Board of Directors of Visit Virginia's Blue Ridge utilized a prioritization process designed by BJ Fogg of Stanford University. This method locates concepts on an XY axis, identifying each with regards to its importance to the destination and/or the organization's and its perceived level of difficulty. Prior to the Strategic Planning workshop Visit VBR Board members completed an online survey in which each ranked concepts from the 2030 Destination Vision Plan's Mind Maps using the Fogg Method. Their scores for each concept were averaged and then plotted on the charts that follow. In utilizing the Fogg Method, initiatives that fall to the right of the diagonal line are those that achieve the highest prioritization. Regardless of how difficult something is deemed, if it scores as being highly important, the Board should actively pursue it. Likewise, if something is only modestly important but considered fairly easy to achieve, the Board should also actively pursue it. Those initiatives that fall to the left of the diagonal line should, in no way, be viewed as less important than those that appear on the right. Indeed, many of those concepts appear to the left because of the perceived difficulty for Visit VBR to have a meaningful impact. For instance, enhancing Heritage Sites (on the Arts & Culture chart) is deemed very important for the destination, but Visit VBR has very little expertise in this field. Those wishing to champion left side initiatives will receive Visit VBR support and encouragement, as all the concepts on the Mind Maps have merit. It just won't be Visit VBR that leads the charge at this moment in time. For this exercise, we combined Infrastructure along with Meetings, Conventions and Events, taking our four Mind Maps and reducing the choices into three Fogg charts. Those charts are reproduced on the following pages: August 7, 2018 AIR SERVICE EXTREMELY DIFFICULT CRITICALLY IMPORTANT ENTERTAINMENT DISTRICTS SOMEWHAT IMPORTANT RELATIVELY EASY Z 7� C n c rTl EXTREMELY DIFFICULT CRITICALLY IMPORTANT SOMEWHAT IMPORTANT 0 c d 0 0 RELATIVELY ti.y EASY T� n EXTREMELY DIFFICULT CRITICALLY IMPORTANT CENTRALIZED SUPPORT , CALENDAR ARTS & CULTURE UNIVERSITY RELATIONSHIPS HERITAGE ENHANCE SITES CULINARY PERFORMING ARTS DIVERSIFY EVENTS & EXHIBITS DEVELOP ARTS DISTRICTS EXPAND PUBLIC ART SOMEWHAT IMPORTANT RELATIVELY EASY Y n c C 7� rn 2016 -2020 STRATEGIC PLAN OF THE VISIT VIRGINIA'S BLUE RIDGE GOAL ACTIVELY SUPPORT EFFORTS TO ENHANCE TRANSPORTATION TO AND THROUGHOUT VIRGINIA'S BLUE RIDGE Indicates Completed or In Progress Objective A Work with the Regional Governments to Adopt the Virginia's Blue Ridge Brand and, in turn, develop an Effective and Uniform Wayfinding & Welcome Signage Program Potential Tactics: • Encourage Regional Governments to agree to incorporate the Virginia's Blue Ridge brand in their self - identification • Support the Regional Commission's efforts to secure a grant to study Wayfinding Signage opportunities • Petition the State to secure the blue Tourist Orientated Direction Signs (TODS) for all of Virginia's Blue Ridge • Work with local governments to enhance signage to (and along) greenways and urban streetscapes • Encourage all governments to use internationally understood symbols in all new signage installed • Search for opportunities to design all signs to reinforce the destination brand • Continue to work with VDOT on Interstate Exit Lighting needs • Continue to advocate for Gateway Welcome Signage • Encourage the FAA and Water Authority to come to agreement on Water Tower Signage • Advocate for signage directing Visitors to Greenways and Blueways as well as to the attractions along the Greenways and Blueways • Encourage municipalities to designate Bike Lanes where possible • Create ways for visitors to discover experiences utilizing their mobile devices - In Urban Centers - On Trails - From Town to Town • Develop ways to display distances to nearby attractions to encourage trial August 7, 2018 Objective B Work to Ensure that Amtrak Service Meets the Needs of Future Visitors Potential Tactics: • Work with Amtrak and State Transportation Officials to ensure that Platform Design meets needs of Bicyclists • Work with Amtrak and State Transportation Officials to ensure that Train Cars are capable of storing luggage and bicycles • Work with local officials to ensure the infrastructure around the platform is conducive to engaging visitors in Downtown Roanoke • Work to ensure sufficient parking and space for intermodal transportation options for seamless movement of arriving visitors Objective C Advocate for a Gateway Welcome along Interstate 81 emphasizing Lighting and Landscaping and continue to advocate for I -73 Designation Potential Tactics: • Work with other Regional Community Development Agencies to craft a cohesive message of interest and support • Continue to petition State and Federal Transportation officials to create a gateway welcome along Interstate 81 that emphasizes lighting and landscaping • Continue to work with the State and Federal Department of Transportation to speed the designation of I -73 for the economic development of the corridor Objective D Support Opportunities to Ensure Sufficient Parking for Visitors to Virginia's Blue Ridge Primary Issue: • There is a perception that parking is limited in some communities within the destination • In areas of the Destination, the true culprit is ineffective way finding signage to existing parking Potential Tactics: • Work with Municipal Governments to study the matter and advocate for the appropriate solution • Advocate for additional parking at trailheads and Natural Attractions (i.e., McAfee Knob, etc.) • Support the development of the planned Greenway from Catawba Valley to the Appalachian Trail August 7, 2018 Objective E Support Efforts to Enhance Commercial Air Service to Virginia's Blue Ridge Potential Tactics: • Support initiatives by the Airport and the Regional Commission to increase carriers and flights - Provide tourism - centric data of impact and lost opportunity - Communicate the Conventions lost due to high cost of airfare • Continually remind all parties of the importance of inter -modal transportation Objective F Support Efforts to Develop a Visitor - friendly Trolley or Shuttle System for Metropolitan Roanoke (including Salem & Vinton) Primary Issue: • The existing Trolley is not designed for Visitors • The existing Trolley isn't as user friendly for residents and Carillon employees as desired by Stakeholders Potential Tactics: • The opportunity exists to develop a better system with expanded routes • Search for opportunities to develop public /private partnerships to create a better system of transportation for residents and visitors Objective G Support Efforts to complete The Regional Greenways system and enhance multimodal connections August 7, 2018 GOAL SUPPORT DESTINATION ENHANCING DEVELOPMENTS Objective A Support Efforts to Develop Explore Park into a World -Class Outdoor Recreational and Destination Attraction Potential Tactics: • Support the County in pursuing the recently completed Master Plan for the Park - Provide advice and support on transportation infrastructure upgrades, such as: - Connectivity to the Bedford side of the Park - Ability for trails to cross the Blue Ridge Parkway - Access to the Amphitheater site - Support timely installation of water and sewer lines through the Park • Work with Roanoke County to help prioritize the Master Plan by relaying the "Voice of the Visitor" on features such as (but not limited to): - The Amphitheater - RV Park - ZipLines - More Mountain Bike Trails - Wedding Venue - Others as identified • Support the development of revenue generating events to increase visibility and sustain momentum Objective B Support the Development of Entertainment Districts in jurisdictions throughout Virginia's Blue Ridge Potential Tactics: • Work with Municipalities to recognize the opportunity to encourage Entertainment Districts through zoning and incentives • Encourage Districts to be located within walking distance of hotels • Work with Downtown groups to share success stories from around the country August 7, 2018 Objective C Support the Development of Destination Defining Events Potential Tactics: • Work with Event producers to identify opportunities to create events that would attract large groups of visitors - Expansion of existing events - Development of new festivals that have the potential to become synonymous with Virginia's Blue Ridge (i.e.: VBR Grand Fondo in Botetourt County.) • Offer DMO marketing assistance as an incentive to select event producers that propose destination defining events Objective D Enhance the Visitor Experience by offering a Comprehensive Calendar of Events for Virginia's Blue Ridge The Opportunity: • Develop a robust resource with which visitors and residents can find something to do 18 hours a day • Develop a planning resource for local event producers Potential Tactics: • Dedicate human resources to curate the most complete calendar of events possible • Analyze opportunities to make calendar content easily ported to other websites and traditional publications • Investigate ways to monetize the calendar to cover development costs Objective E Support Efforts to Enhance Mill Mountain in a Manner that meets Resident and Visitor Needs Primary Issue: • The need to maximize Mill Mountain without over - commercialization - Remind preservationists that Mill Mountain was once home to the theatre and other attractions - Mill Mountain has only been under - utilized in the past couple decades Potential Tactics: • Continue to be an active participant in conversations to envision the future - Development of a Rescue Zoo (potential collaboration with the Veterinarian School at Virginia Tech) - Build linkages to Explore Park August 7, 2018 Objective F Support Designated "Tourism Zones" That Encourage Tourism Product Development The Opportunity • Position Downtown Salem as an Up- Scale, Destination - Oriented Regional Shopping and Entertainment District • Develop a "Small City Downtown" experience alternative to compliment Roanoke's "Big City Downtown" Potential Tactics: Encourage Salem's Distinctive Placemaking Activities with Over - the - Street Lighting in order to Create a Memorable Experience for Visitors Memorable Experience for Visitors • Support and Market New Special Events and Festivals in Downtown Salem • Encourage New Development Within the Downtown Salem Tourism Zone August 7, 2018 GOAL IDENTIFY OPPORTUNITIES TO DEVELOP AN OUTDOOR UNIVERSITY BRAND FOR THE REGION Objective A Develop a Platform from which Virginia's Blue Ridge can be positioned as the place where Visitors can learn skills and enjoy the region's outdoor assets The Opportunity: • The Outdoor Recreation assets within Virginia's Blue Ridge run the gamut from novice to professional -grade • Most Destinations cannot claim this diversity of experience • The Outdoor University Brand can be designed with several extensions: - Active Outdoor Recreation (mountain biking, kayaking, rock climbing, etc.) - Passive Outdoor Recreation (walking, bird watching, etc.) - Environmental and Ecological Awareness - Other extensions as identified Potential Tactics: • Perform a complete inventory of Outdoor Assets available to the public • Perform an inventory of all private sector businesses that cater to the Outdoor Market • Enter into discussions with Colleges and Universities to identify existing programming and future opportunities that can be part of an Outdoor University set of offerings • Work with entrepreneurs to develop a network of Outfitters dedicated to making the experience easy for the novice to consume and challenging for the advanced recreationalist August 7, 2018 Objective B Work to establish Virginia's Blue Ridge as America's East Coast Mountain Biking Capital. Potential Tactics: • Secure the highest possible designations from third -party Mountain Bike entities • Work with the local Chapter of the IMBA and the Regional Partnership to secure International Silver designation • Secure appropriate trademarks and URLs • Search for opportunities to host international and national competitions to reinforce a Mountain Bike Capital brand • Work cooperatively with the Roanoke Regional Partnership's GoOutside campaign to actively partner to promote the International Mountain Bicycling Association's Silver -level designation and Virginia's Blue Ridge as America's East Coast Mountain Biking Capital. August 7, 2018 GOAL ACTIVELY SUPPORT THE ARTS, CULTURE & HERITAGE OF VIRGINIA'S BLUE RIDGE AS A DEFINING ASPECT OF THE DESTINATION Objective A Support the development of a Regional Arts Commission that includes Arts & Culture Organizations and Colleges that Represent and Support the Diverse Culture of Virginia's Blue Ridge Potential Tactics: • Convene conversations with and between Regional Arts, Cultural and Heritage interests and area Colleges and Universities to explore the development of a Destination -wide Regional Arts Commission • Encourage the establishment of a set of goals for the Commission's work, such as (but not limited to) - Developing a holistic view regarding the synergies between arts, culture and heritage - Open doors between education, public and private sector entities - Identify opportunities to build upon strengths and mitigate weaknesses - Provide a networking platform to learn best practices in like disciplines and more effectively schedule events - Create a strong level of joint partnership to advocate for increased funding, as appropriate from the region • Jointly develop strategies to advocate for support of the Arts, Culture and Heritage • Utilize the collective work of the Commission to inform future marketing and sales of Virginia's Blue Ridge August 7, 2018 Objective B Support the burgeoning Culinary and Craft Beverage Scene throughout Virginia's Blue Ridge Potential Tactics: • Recognize that the vast majority of today's consumers base travel decisions on the tastes they'll experience • Make featuring independent culinary and artesian drinks a primary focus in all marketing vehicles • Encourage restaurants to source ingredients from producers within Virginia's Blue Ridge • Analyze opportunities to develop destination -wide Restaurant Weeks and other foodie events Objective C Support efforts to enhance the interpretation of the rich Heritage of Virginia's Blue Ridge Potential Tactics: • Analyze opportunities to secure grant or foundation funding to better interpret the history of Virginia's Blue Ridge to better appeal to a new generation of visitors • Work with Museums, Heritage Sites and Preservation Groups to develop additional reasons for consumer visits Objective D Champion the Region's Performance Arts Scene Potential Tactics: • Work closely with public and private performance venues to effectively calendar all events • Develop a closer relationship with the scheduling offices of area colleges and universities to include their vast performance /exhibit events in the calendar and in destination marketing materials • Work to engage nightspots in supplying information on club dates to build the night time economy of the region August 7, 2018 Objective E Support the development and interpretation of Art and Entertainment Districts and Public Art Potential Tactics: • Work with local governmental agencies throughout Virginia's Blue Ridge to embrace a view that art and entertainment are key to economic development and quality of life • Encourage communities to focus some of their development work on neighborhoods that could become entertainment and/or cultural/culinary districts • Encourage local governments to include a requirement for public art in awarding major development contracts August 7, 2018 GOAL ADVOCATE FOR THE DEVELOPMENT OF FACILITIES CAPABLE OF HOSTING LARGE EVENTS Objective A Analyze and, if appropriate, Take Steps to Propose/Develop Tournament -Grade Sports Complexes Potential Tactics: • Build upon recommendations of the NASC Study • Research Resident needs to identify potential alignment with destination opportunities - Local Youth play - The recognition that employers often need robust youth facilities in their recruitment of top talent (e.g., ice) • Look to develop Public- Private Partnerships • Support local Sports Clubs and Leagues that want to build/grow facilities Objective B Initiate Discussions Regarding the Next Generation of Convention and Meeting Facilities Primary Issues: • Current Convention Centers and Conference Hotels in Virginia's Blue Ridge are still capable of hosting large events • Larger, more modern facilities are not presently needed until commercial air service dramatically improves Potential Tactics: • Studies should be planned to be undertaken after 2020 to identify needs for 2025 and beyond • Advise and support private sector efforts to build additional meeting space throughout the destination August 7, 2018 Objective C Advocate for upgrades of existing meetings and sports facilities in order to maintain high quality options for customers Potential Tactics: • Work with the management of existing facilities to suggest enhancements based upon client feedback • Advocate for governments to invest capital funding to keep current facilities competitive with other similar destinations • Analyze opportunities to provide visitor information at meetings and sports facilities to the enhance customer experience August 7, 2018 GOAL INCREASE THE RESOURCES AVAILABLE TO MARKET & DEVELOP THE DESTINATION Objective A Analyze opportunities to increase the Budget of Visit VBR through increased public sector investment Potential Tactics: • Continue to work with regional partners to increase investments from new governmental partners - Demonstrate ROI of inclusion in the predominant brand vs. the duplicative cost of replicating DMO staff and programming • Work with communities to better understand needs /wants - Develop specific pay -to -play programs to meet the needs of jurisdictional leaders • Look for revenue opportunities in expanding the footprint of Virginia's Blue Ridge Objective B Analyze opportunities to increase the Budget of Visit VBR through increased private sector investment Potential Tactics: • Consider development of Tourism Business Improvement Districts • Investigate opportunities for increased corporate investment • Look for revenue opportunities in expanding the footprint of Virginia's Blue Ridge August 7, 2018 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 20, 2018 Subject: Presentation Regarding the Visit Virginia's Blue Ridge Regional Wayfinding Plan I would like to sponsor a presentation by Landon Howard, President of Visit Virginia's Blue Ridge, to provide an overview of the proposed Regional Wayfinding Plan. o rt Cowell, fir. City Manager Distribution: Council Appointed Officers VIRGINIAS BLUE RIDGE Regional Wayfinding Proposal Critical in Becoming a Tourism Destination 1. Establishes a consistent identity throughout the region and is welcoming (will include International symbols) 2. The wayfinding program will enhance the visitor's experience, encourage overnight stays, increase repeat visitation, and promote positive word of mouth 3. It will increase visitation to local attractions and revenue for businesses nearby 4. Creates "repeat visitation" by increasing awareness of local attractions 5. Provides visitors a seamless journey and experience. Builds TRUST 6. Promotes the local quality of life by identifying community assets 7. Wayfinding is similar to an ad or billboard influencing not only visitors but also residents making them more likely to promote the region to friends and family 8. A process of discovery that creates a memorable experience and positive lasting impression 9. Cross - markets the entire the region 10. Encourages visitors to broaden their experience and increase the number of attractions they visit Budgeting — This will be a 3 -5 year implementation plan and include multiple funding sources. 6 �'!�' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2018. No. 41205 - 082018. A RESOLUTION authorizing acceptance of a Victim /Witness Assistance Program grant from the Commonwealth of Virginia Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: The City Manager is hereby authorized on behalf of the City to accept from the Commonwealth of Virginia Department of Criminal Justice Services a Victim /Witness Assistance Program grant in the amount of $282,650 for Fiscal Year 2018 -2019, such grant being more particularly described in the Commonwealth Attorney's letter to Council dated August 20, 2018. 2. The local cash match for Fiscal Year 2018 -2019 shall be in the amount of $40,386. 3. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 4. The City Manager is further directed to furnish such additional information as may be required by the Department of Criminal Justice Services in connection with the acceptance of the foregoing grant or with such project. victim witness grant FYI 8-19 8.20.18.doc ATTEST: City Clerk. (6' lr � IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2018. No. 41206 - 082018. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Victim Witness Program Grant, amending and reordaining certain sections of the 2018- 2019 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2018 -2019 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries 35- 150 - 4566 -1002 $ 211,624 City Retirement 35- 150 - 4566 -1105 26,275 ICMA Retirement 35- 150 - 4566 -1115 5,169 401 Health Savings 35- 150 - 4566 -1117 1,542 FICA 35- 150- 4566 -1120 16,584 Dental Insurance 35- 150- 4566 -1126 1,684 Life Insurance 35- 150 - 4566 -1130 2,772 Disability Insurance 35- 150 - 4566 -1131 593 Medical Insurance 35- 150 - 4566 -1180 37,296 Administrative Supplies 35- 150 - 4566 -2030 5,195 Dues and Memberships 35- 150 - 4566 -2042 200 Training and Development 35- 150 - 4566 -2044 6,902 Postage 35- 150- 4566 -2160 1,200 Office Rental 35- 150 - 4566 -3075 6,000 Revenues Victim Witness FY19 - Fed 35- 150 - 4566 -4566 211,988 Victim Witness FY19 - State 35- 150 - 4566 -4567 70,662 Victim Witness FY19 - Local Match 35- 150 - 4566 -4568 40,386 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: r City Clerk. DONALD S. CALDWELL COMMONWEALTH'S ATTORNEY G�' MONWEALTH- OF VIR(31141,4 � CITY OF ROANOKE OFFICE OF THE COMMONWEALTH'S ATTORNEY 315 CHURCH AVENUE ROANOKE, VIRGINIA 24016 August 20, 2018 Honorable Sherman P. Lea, Sr., Mayor Honorable Joseph L. Cobb, Vice -Mayor Honorable William D. Bestpitch, Council Member Honorable Michelle L. Dykstra, Council Member Honorable John A. Garland, Council Member Honorable Djuna L. Osborne, Council Member Honorable Anita J. Price, Council Member Dear Mayor Lea and Members of City Council: Subject: Acceptance of the Victim Witness Program Grant Background: AREA CODE 540 TEL. No. 853 -2626 FAX 853 -1201 The Victim/Witness Assistance Program has been awarded a twelve month, $282,650 grant ( #19- Y8554VW17) from the Department of Criminal Justice Services (DCJS). This grant will allow the Victim/Witness Assistance Program to continue to provide comprehensive information and direct services to crime victims and witnesses in accordance with the Virginia Crime Victim and Witness Rights Act. The Victim/Witness Program will operate with one full -time coordinator and one full -time assistant for the Circuit Court, as well as two full -time assistants for the Juvenile and Domestic Relations District Court and one full -time assistant for the General District Court. The Victim/Witness Program is coordinated by the Office of the Commonwealth's Attorney. Considerations: The cost to the City for the grant would be $40,386 as a local cash match for a total grant budget of $323,036. This local cash match is included in the General Fund FY 2018 -2019 adopted budget in the Transfer to Grant Fund account (01- 250 - 9310 - 9535). Recommendations: Accept the Victim/Witness Grant #1 9-Y8554VW1 7 of $282,650 with the City of Roanoke providing $40,386 as a local cash match from the funding provided in the Transfer to Grant Fund account. Authorize the City Manager to sign and execute all appropriate documents, approved as to form by the City Attorney, to obtain Grant #1 9-Y8554VW1 7. Adopt the accompanying budget ordinance to establish revenue estimates of $282,650 in state grant funds and $40,386 in local match in the Grant Fund, transfer local match totaling $40,386 from the General Fund and appropriate funding totaling $323,036 as outlined on Attachment A in accounts to be established in the Grant Fund by the Director of Finance. Respectfully submitted, Donald S. Caldwell Commonwealth's Attorney DSC:jsl c: Robert S. Cowell, Jr., City Manager Daniel J. Callaghan, City Attorney Amelia C. Merchant, Director of Finance Stephanie M. Moon Reynolds, City Clerk Troy A. Harmon, Municipal Auditor Victim Witness Coordinator ATTACHMENT A PROGRAM BUDGET 1002 Regular Employee Salaries $211,624 1105 City Retirement $ 26,275 1115 ICMA Retirement $ 5,169 1116 ICMA Match $ 0 1117 RHSA (1 %) $ 1,542 1120 FICA $ 16,584 1125 Medical Insurance $ 37,296 1126 Dental Insurance $ 1,684 1130 Life Insurance $ 2,772 1131 Disability Insurance $ 593 2020 Telephone $ 0 2030 Administrative Supplies $ 5,195 2042 Dues /Membership $ 200 2044 Training and Development $ 6,902 2144 Travel $ 0 2160 Postage $ 1,200 2035 Equipment $ 0 3075 Other Rental 6,000 TOTAL $323,036 r,. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 20, 2018 Subject: Acceptance of Victim /Witness Assistance Program Grant I concur with the recommendation from Donald S. Caldwell, Commonwealth's Attorney, to accept funding from the Department of Criminal ,Justice Services (DCJS) in the amount of $282,650 with the City providing the local match funding in the amount of $40,386. 1 further recommend adopting the accompanying budget ordinance to establish revenue estimates for $282,650 in state grant funds, and $40,386 in local match, to transfer local match from General Fund Transfer to Grant Fund account (01 -250- 9310- 9535), and to appropriate funding totaling $323,036 in accounts to be established by the Director of Finance. --- - - - - -- -------- - - - - -- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2018. No. 41207- 082018. A RESOLUTION authorizing the acceptance of funding for the regional drug prosecutor's office from the Compensation Board of the Commonwealth of Virginia and authorizing the acceptance, execution, and filing of appropriate documents to obtain such funds. BE IT RESOLVED by the Council of the City of Roanoke as follows: The City Manager is hereby authorized on behalf of the City to accept funding in the amount of $111,092 from the Compensation Board of the Commonwealth of Virginia through June 30, 2018, with a local match of $64,756, making total funding of $175,848, for the continued funding of the Multi - Jurisdictional Special Drug Prosecutor's Office, as more particularly described in the City Council Agenda Report dated August 20, 2018. 2. The City Manager is hereby authorized to accept, execute, and file on behalf of the City of Roanoke any and all documents required to obtain such funding. All such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing funding or with such project. R -drug prosecutor grant 2018 -19 8.20.18.doc ATTEST: City C erk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2018. No. 41208 - 082018. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Regional Drug Prosecutor Grant, amending and reordaining certain sections of the 2018 -2019 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2018 -2019 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries 35- 150 - 4518 -1002 $ 114,067 City Retirement 35- 150 - 4518 -1105 19,437 401 Health Savings Match 35- 150- 4518 -1117 1,141 FICA 35- 150 - 4518 -1120 8,726 Dental Insurance 35- 150 - 4518 -1126 684 Life Insurance 35- 150 - 4518 -1130 1,494 Disability Insurance 35- 150 - 4518 -1131 383 Medical Insurance 35- 150- 4518 -1185 14,916 Telephone 35- 150 - 4518 -2020 1,000 Administrative Supplies 35- 150 - 4518 -2030 4,000 Training and Development 35- 150 - 4518 -2044 4,000 Other Rental 35- 150 - 4518 -3075 6,000 Revenues Regional Drug Prosecutor FY19 -Comp Board 35- 150 - 4518 -4518 111,092 Regional Drug Prosecutor FY19 -Local Match 35- 150 - 4518 -4519 64,756 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: *+-a4-0 N. WV,) City Clerk. MONWEAL'rK OF VIRGINI GO?" ° 0 . 1 V , o 1 tom_ o AREA CODE 540 TEL. No. 853 -2626 DONALD S. CALDWELL FAx 853 -1201 COMMONWEALTH'S ATTORNEY CITY OF ROANOKE OFFICE OF THE COMMONWEALTH'S ATTORNEY 315 CHURCH AVENUE ROANOKE, VIRGINIA 24016 August 20, 2018 Honorable Sherman P. Lea, Sr., Mayor Honorable Joseph L. Cobb, Vice -Mayor Honorable William D. Bestpitch, Council Member Honorable Michelle L. Dykstra, Council Member Honorable John A. Garland, Council Member Honorable Djuna L. Osborne, Council Member Honorable Anita J. Price, Council Member Dear Mayor Lea and Members of City Council: Subject: Acceptance of Funding for Drug Prosecutor Background: Federal funding was made available to the Commonwealth of Virginia to be used for the development of several Multi Jurisdictional Special Drug Prosecutors statewide. The positions were developed to coordinate prosecutorial efforts among independent jurisdictions, reduce fractional and duplicate prosecutions, enhance the recovery of criminal assets, and utilize federal, state and local resources to assure maximum prosecutorial effectiveness and to provide specialized prosecutorial resources to the regional drug enforcement effort. The Commonwealth's Attorneys of Craig County, Franklin County, Roanoke County, and the Cities of Roanoke and Salem applied on October 9, 1987, to the Commonwealth's Attorneys' Services Council, the State agency responsible for the administration of the grant money, to fund a Multi-jurisdictional Special Drug Prosecutor. City Council accepted the Multi - jurisdictional Special Drug Prosecutor Grant in April, 1988, and a full -time Special Drug Prosecutor was hired in July, 1988. Annual re- application for this funding is required. the amount of $111,092 effective July 1, 2018, and funding will continue through June 30, 2019. A local match is required. The local match is $64,756 for a total funding of $175,848. Funding for the local share is available in the General Fund - Transfer to Grant Fund (account number 01- 250 - 9310- 9535). Recommended Action: Authorize the application for the Grant and accept funding from the Commonwealth of Virginia Compensation Board in the amount of $111,092 with the City providing local match funding in the amount of $64,756. Authorize the City Manager to execute the All such h' docuents to be beviewed funding from the Compensation Boa and approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish revenue estimates for $111,092 in state grant funds and d 64ansfer to Gralnt1Fund acocount (01 -2501 match funding from the General Fu 9310- 9535), and to appropriate funding totaling $175,848 per attachment 1 into accounts to be established by the Director of Finance. Respectfully submitted, CO290Z��- Donald S. Caldwell Commonwealth's Attorney DSC:skm c: Robert S. Cowell, Jr., City Manager Daniel J. Callaghan, City Attorney Amelia C. Merchant, Director of Finance Stephanie M. Moon Reynolds, City Clerk Troy A. Harmon, Municipal Auditor 2 TOTAL $175,848 Attachment 1 Program Accounts 1002 Regular Employee Salaries $114,067 1105 City - Retirement $19,437 1117 401H Health Savings Account $ 1,141 $ 8,726 1120 FICA 1125 Medical Insurance $14,916 1126 Dental Insurance $ 684 1130 Life Insurance $ 1,494 1131 Long Term Disability Ins. $ 383 3075 Other Rental $ 6,000 2020 Telephones $ 1,000 2030 Administrative Supplies $ 4,000 2044 Training and Development $ 4,000 TOTAL $175,848 Gti" CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 20, 2018 Subject: Acceptance of Funding for Drug Prosecutor I concur with the recommendation from Donald S. Caldwell, Commonwealth's Attorney, to accept funding from the Compensation Board in the amount of $111,092 with the City providing local match funding in the amount of $64,756. 1 further recommend adopting the accompanying budget ordinance to establish revenue estimates for $111,092 in state grant funds and $64,756 in local match, to transfer local match from the General Fund Transfer to Grant Fund account (01- 250 -9310- 9535), and to appropriate funding totaling $175,848 in accounts to be established by the Director of Finance. Robert S. Cowell, .Jr. City Manager Distribution: Council Appointed Officers PARKS AND RECREATION 7T� CAM l' K I w ____m _-,= 07AU molm M- August 20, 2018 FINDINGS UPDATE: A. Analysis of Public Engagement B. Benchmarking G. Operational Analysis D. Levels of Service E. Skatepark Study s;,,. e„ % ,,, tall lift ��Wv�w+SN A. ANALYSIS OF PUBLIC ENGAGEMENT ➢ Open Houses ➢ Survey Processes ➢ Priorities ➢ Inventory ➢ Strengths ➢ Opportunities a �a i CAM � Demographics: Ages of People in Household CAM . by percentage of household occupants ;, { 35 -44 years 13% 45 -54 years 12% Source- ETC In '-rue ('418) 25.34 years 15 -19 years i r/Al 20 -24 years 4% 55 -64 years 1 11/0 16% years -9 years 6% Under 5 years 7% )+ years 4% .s $60K- $89,999 16% $90K• Solaro ETIC Inswute (X118) Demographics: Household Income by percentage of respondents $30K- $59,999 24% $120K- $149,9G1 50K+ 6% 6% Inder $30K 24% )rovided 15% j W tite{j� CAPRA�'. Demographics: Race by percentage of respondents (multiple choices could be made) White /Caucasian African American /Black Asian Native American Other U% Source: ETC Institute (2018) 67% 29% 3% 3% 2% 20% 40% 60% 80% CAPRA . Strengths ➢ Greenways and Trails ➢ Balance of Natural vs Developed Land ➢ Commitment of Staff ➢ Marketing and Branding Opportunities ➢ ➢ Greater connectivity of neighborhoods to trails Develop design and maintenance standards Enhance Marketing and Branding Upgrade existing facilities and offerings ADA accessibility F 4 t � M. <nv�tiy6 Priorities ➢ Increase focus on developing waterways as recreational facilities ➢ Increase and Enhance indoor recreation space ➢ Enhance athletic facilities and address the lack of highly quality sports fields ➢ Increase Outdoor Adventure Opportunities ➢ Desired closer to home trail connectivity R 1N •wi �d •�rRmwi� B. BENCHMARKING APRA jd: �� C. OPERATIONAL ANALYSIS ➢ Community Recreation ➢ Athletics ➢ Outdoor Recreation ➢ Special Events ➢ Aquatics ➢ Centers ➢ Routine Maintenance ➢ Technical Improvements ➢ Trail Maintenance ➢ Volunteer Administration ➢ Capital Development ➢ Planning ➢ Design ➢ Point of Service Administration ➢ Marketing ➢ Reservations ➢ Financial Systems ➢ Forestry ➢ Emergency Management C.APR4 PERFORMANCE RMEW KEY FINDINGS r OPERATING * .V-. ounmovo�mRo EXPENDITURE`" � EXPENDITURE: PER CAPITA:.:, 28 PERCENT A $78-26/YEAR �:. FU LL -TIME aam*p v Lmoxa 0 EQUIVAUNT EMPiOVIES (FTES) 1.000 Risloms: .� PER 10.000 RESIDENTS: 79 ' RESIDENTS AGENCIES PER PARS, OFFERING SUMMER CAMS AGENCIES OFFERING ARMS+CNOOL CARE- 40571 84!0 i'Aw .; ROANOKE PARKS AND RECREATION CONSERVATION • GREENWAYS • PARKS • RECREATION • TRAILS • HEALTH E. SKATEPARK STUDY Purpose • Determine type, size, location ➢ Partnerships • Roanoke Skatepark Initiative Public Involvement • Community Open House • Survey ➢ Site Preference • Wasena Park ➢ Type • "Streetscape" design w� f REMAINING TIMELINE: `a C h i E lEEli July August September October November December January jAssessments of Programming and Planning /Development Levels of Service Standards Geographical Analysis Recreation Program Assessment _ GAP Analysis of Partnerships__ Phased Capital Improvement Planning Operational Analysis _ Parks and Recreation Advisory Board ;Planning Commission !City Council QUESTIONS? CAPRA 2pm 71rrt� (z) ROANOKE Public Art Work Plan FY 2019 Overview • The Roanoke Arts Commission (RAC) approved these projects at their monthly meeting on June 19, 2018. • The major project for FY 2019: to install eight to nine temporary art works on the Art Walk in Elmwood Park. • Recruiting sponsors to help purchase Hill Climb, currently on display on the Art Walk. • Grant from the National Endowment for the Arts(NEA) to support a public art project under the Memorial Avenue Bridge along the Roanoke River Greenway. • The RAC has ongoing maintenance responsibilities following the Conservation Study completed in 2012. Art on the Bus Partner again with Ride Solutions and Valley Metro to place works from the collection on city buses in spring 2019 • Hire a writer or artist to ride the buses and create work from their experience Budget: $3,500 from Percent for Art Funds Springwood Farm by Lucy Hazlegrove k"- V -1.1-1 MW A Rolling Canvas by Nancy Stark Ij AIR in E • The current pieces are due to be picked up by the artists by November IS, 2018. • The RAC will issue a Request for Proposals in fall 2018. • Eight or nine new works will be installed in Spring 2019. RAC is looking for a sponsor to assist in purchasing Hill Climb. • Plan to extend the run of the show from 18 months to two years. • The RAC will once again hold the Peoples Choice vote coinciding with Festival in the Park in May. • Budget is $40,000 Purchase Hill Climb • The art received a large number of votes in the Peoples Choice contest. • The RAC goal is to purchase a piece each year and eventually leave at least half the spots open for rotating art work. • Cost is $9,500. L3 N EA • The Arches Project will k Roanoke neighborhoods Wasena, Hurt Park and K professionally guided PL Memorial Ave. Bridge. -ing together five diverse (Norwich, Raleigh Court, t. view) through a blic art project under the • The NEA has awarded a $10,000 grant to the RAC for this project. • It requires a 1 :l match. • Completion date is by December 2019 Two FY 2018 Projects are in process • Tenth Anniversary of Public Art - Global Harmony will be installed in late October 2018 • Public Art for the plaza of the new Melrose Library will be installed in Spring 2019. We are currently accepting responses to a Request for Qualifications. El - -M Summary • Percent for Art Unencumbered Funds Available: $108,357 • FY 2019 Expenses Art on the Bus $3,500 Purchase Hill Climb $9,500 AIR in Elmwood $40,000 • Total FY 2019 Expenses $53,000 from Percent for Art Account The Roanoke Arts Commission Thank you for your support of the Public Art Program • Questions? • Request City Council concurrence in RAC recommendations 13 i w Roanoke City Neighborhood Assessment Project (2018) Page 2 " Acknowledgements The development of the summer 2018 Neighborhood Assessment Project took place under the supervision of Robert S. Cowell, City Manager, Roanoke, Virginia. Jonathan McCoy, Master's student at Virginia Polytechnic Institute and State University, provided overall management and coordination. Various Roanoke City staff members, department heads, and outside agencies contributed data and advisement to this project including, but not limited to, Aisha Johnson, Sherman Stovall, Brian Townsend, Michael Clark, Aaron Boush, Catharine Boush, Brenda Young, Tracey Leet, Amelia Merchant, Paul Workman, Dr. Elizabeth Ackley, Alisha Wilson, Daniel Webb, Patrick Woods, Emma Cole, Susan Lower, Bob Clement, Katharine Gray, Chris Chittum, Wayne Leftwich, and Kennie Harris. This project would not be possible without the incredible and hardworking staff members of the City of Roanoke. Roanoke City Neighborhood Assessment Project (2018) Page 3 Table of Contents Acknowledgements 2 Foreword 4 Introduction 5 Criteria and Methods 6 Data Analysis 10 Individual Neighborhood Report 13 Next Steps and Conclusion 24 Tables and Figures 25 Roanoke City Neighborhood Assessment Project (2018) Page 4 ' Foreword The Roanoke City Neighborhood Assessment Project (NAP) is a new undertaking by the Office of the City Manager. The project is a deliberate effort to better understand the nature of the city's neighborhoods; their needs, strengths, and areas of improvement. This report is intended to provide a general overlook of each neighborhood in the city using a framework of variables. This project will provide information that is integral in developing both short- and long -term strategies in each of the 49 neighborhoods in the city. It is a critical undertaking designed to be accessible and encompassing of the character of each individual neighborhood, from Riverland in Southeast to Westview Terrace in Northwest. This report was conceived of and created during a summer internship program sponsored by the Office of the City Manager. Jonathan McCoy, the primary researcher and coordinator for the project, earned his Bachelors of Science in Public Administration from George Mason University and is pursuing dual Masters of Urban and Regional Planning and Public Administration from Virginia Polytechnic Institute and State University. His internship included developing this project and collecting and analyzing the data under the supervision of Robert S. Cowell. Roanoke City Neighborhood Assessment Project (2018) Page 5 Introduction The City of Roanoke, Virginia is the largest city in Southwestern Virginia. In 1884 Roanoke reached city status having enjoyed a great deal of growth due in large part to the Norfolk and Western railroad. The city, which today has a population just shy of 100,000, is made up of a diverse background of individuals living in 49 unique neighborhoods. This report will provide an analysis of these 49 neighborhoods to better understand the growth and development Roanoke has experienced at the neighborhood level. A variety of variables were chosen for this report in an effort to quantify the status of growth for each neighborhood. Following this, a brief description of each neighborhood using this framework of variables will be given. Additionally, a budget analysis will be done for each variable in the framework to determine expenditures at the neighborhood level. Due to the scope of this project and the limited time available to complete it, there are some additional steps that will continue to take place beyond this report. The first step, qualifying the neighborhoods based on the variables chosen for analysis, is complete and included in this report. The second step of the NAP is to conduct budgetary analysis on the various services provided by the city to determine if gaps exist in those services provided to the city's neighborhoods. Following this, recommendations will be made to address any gaps in service. This report includes an example of how the next step may be performed. Working closely with the Department of Management and Budget and the Department of Parks and Recreation, we calculated the price per acre of maintenance of every park maintained by Parks and Recreation as seen in Table E. This particular budget analysis was done by tracking the logged hours of maintenance by Parks employees and dividing the year -to -date expenditures (AC532, Unit 4340) by the logged hours, coming up with a figure of $38.04/hour. This number was taken and multiplied by the acreage of each park or maintenance area to determine the total cost of maintaining each acre of parkland. Elmwood Park, for example, took 4,690.75 hours of maintenance at a total cost of $178,436.13 accounting for 9.20% of the total cost of maintenance for all the parks in the city. While this calculation is a base example of the true cost of maintaining each acre of parkland and does not include materials used in the maintenance of the parks, it provides a good general overview of the cost of each park in the city. A similar analysis can be made to determine expenditure - per - service for other variables in the report. Transportation, for example, can be measured by reviewing the cost per round -trip of each bus and determining if the service area provided by each bus route adequately covers the needs of the community on a cost - effectiveness basis, or if the services need to be expanded to reach individuals who have difficulties using the services. This portion of the report is necessarily more labor - intensive and more time - consuming, including developing individual budget analysis for each variable and applying that analysis to the neighborhoods of Roanoke. Following the budget analysis, the third step of the project is to recommend strategies to address any gaps in service based on the expenditure analysis conducted in Step Two. Roanoke City Neighborhood Assessment Project (2018) Page 6 Criteria and Methods Roanoke's neighborhoods will be assessed based on 12 criteria. These variables have been chosen to give the best overall understanding of each neighborhood in the city. The variables: Transportation, Safety, Walkability, Recreation Opportunities, Code Enforcement, Real Estate Performance, Income, Presence of Neighborhood Organization, Renter Occupied Percentage, New Businesses, Educational Attainment, and Vacancy Rate, will be discussed below. Transportation: An integral piece of transit in the city is proximity to the established bus routes. To score Roanoke's neighborhoods a framework was developed to measure the total number of residential addresses in each neighborhood to the nearest Valley Metro bus stop. Each residential address was identified by their associated neighborhood, then analyzed by their proximity to the nearest bus stop. The markers used to delineate groups were 5 minutes walking distance, 10 minutes walking distance, and 15 minutes walking distance (Table A). The GIS Department used ArcGIS software to plot each address within those boundaries. For further analysis, special markers were made for residential addresses that lay outside of the 15 minute walking time. Neighborhoods with a lesser percentage of residential addresses within a 5 minute walk to a bus stop scored lower, reflected as a "1" and neighborhoods with a higher percentage are scored as a 64 „ Safety: Safety is key in ensuring the strength of our neighborhoods. In collaboration with the Roanoke City Police Department, data was pulled reflecting 3 years of incidents in the city (2015- 2017). This data (Table B) was collected and analyzed at the neighborhood level. Each type of crime was split into Part I Crime and Property Crime, then each neighborhood was ranked based off the number of occurrences in the neighborhood. Neighborhoods that had higher instances of crime were ranked as a "1" and neighborhoods with lower instances were ranked as a "4." Walkability: The ability for a citizen to walk to places that can satisfy their needs is an important indicator of walkability and the overall health of the city. Despite the importance of this variable, it is also difficult to truly measure. Do the presence of sidewalks guarantee a high walkability score? How does safety, or the perception thereof, impact an individual's desire to walk in their neighborhood? These are important questions to keep in mind when considering this variable and are certainly difficult to reflect in a simple walkability score. For the purposes of this project, walkability scoring will be based on scores provided by Walk Score, a private company that analyzes individual walkability of neighborhoods in cities across America. Their data sources include "Google, Education.com, Open Street Map, the U.S. Census, Localeze, and places added by the Walk Score user community." While ideally we would prefer to offer our own walking score for each neighborhood, this is not possible for this project. Each Roanoke neighborhood is ranked based on the associated walkability score, where possible. The higher the walkability score, the better ranking a neighborhood receives with a "4" being the highest and "1" being the lowest score (Table Q. Roanoke City Neighborhood Assessment Project (2018) Page 7 Recreation Opportunity: An active community is typically a stronger community. To understand each neighborhood's access to recreation opportunities, this report analyzes the presence of parks in each neighborhood. Using information provided by the Parks and Recreation Department, this report ranks each neighborhood based on its total acreage of parkland (Table D). Some adjustments were made for the purposes of this project: Carvins Cove and Mill Mountain parkland was excluded from the calculations as these two parks make up the majority of parkland in the city and neither park is in a typical city neighborhood. Each neighborhood will receive a ranking from "4" to "1" on their recreation score with a 444" reflecting more park acreage and a "1" reflecting the least acreage of parks. One shortcoming of this variable is the lack of consideration made for neighborhoods that do not have parks but are in close proximity to those that do. It is important to note that the nature of some of the parks in the city are distinct from others. Elmwood Park as a public space is vastly different from Highland Park, for example. This consideration becomes more important in considering the budget implications of each park, the second and third steps of this project. As Elmwood Park features fountains and major electrical features associated with the performance stage, it is disproportionately costly in relation to other, more traditional, parks of the same size. The budget analysis portion breaks the cost of park maintenance down to the cost - per -acre of each park. The Parks and Recreation expenditures for maintenance is the primary number used to determine the cost - per -acre. The cost - per -acre is then compared across the neighborhoods to determine the cost share of each neighborhood (Table E). With this number we can determine what neighborhoods carry a larger share of the maintenance expenditures. Code Enforcement: Efforts to enforce codes and ordinances are an important piece in keeping our communities clean and safe. This report accessed code information, including violations and inspections, from the City's Department of Planning, Building, and Development. Code inspectors are responsible for investigating reports in the city's 11 code enforcement districts. When an investigation occurs and a violation is notified, that address is recorded. The addresses of these violations from May 1, 2017 to May 31, 2018 have been plotted according to their associated neighborhood. (Table F). Each neighborhood was then ranked by number of code violations from 1 -4 with a "1" representing more violations and a "4' representing less violations. Special consideration must be taken in certain areas of the city when reviewing this information. Old Southwest neighborhood is a designated historic preservation district and has special rules and regulations related to this designation. Also to be considered is the differences in each individual coding of the violations when they are documented. There are several possible code violations including weeds and trash and inoperable vehicles that may be considered when reviewing this data. Additionally, if a property has multiple code violations each violation is entered in multiple times which may result in certain neighborhoods being ranked lower overall. Real Estate Performance: Real estate performance or, for the purpose of this project, the change in value of real estate in the city can be an indicator of the strength of our neighborhoods. As the value of real estate increases or decreases over time, we can consider the causes and Roanoke City Neighborhood Assessment Project (2018) Page 8 factors influencing this growth and decline. Certain neighborhoods may be experiencing a rise in real estate prices as more people buy property in that area while others may be experiencing a decline as people are leaving that neighborhood. Data was collected by the Department of Real Estate Valuation over a five year period from 2013 -2017. This data, separated into multi - family, single - family, and commercial /industrial property, shows the percent change in real estate value during the five year period (Table G). To rank each neighborhood, the average percent change in value was taken for all properties. When analyzing this data some issues should be considered. Some neighborhoods have a limited amount of certain types of property. For example, South Jefferson has no multi - family or single - family property; just commercial. Because of this- and because of the substantial commercial growth in value in South Jefferson- this neighborhood ranks at the top of the list. Additionally, one should consider the sample size of the properties in each neighborhood. Some neighborhoods have a relatively small number of commercial property but may have experienced development of that property that boosts its median real estate performance despite decline in other types of property. Income: Per capita income is an interesting variable to consider at the neighborhood level, but also one that can produce misleading assumptions and incorrect categorizations. Many factors influence income including access to education, historically negative practices that impact cities across America, access to healthcare, and a myriad of others. Income may also be a factor that largely impacts other variables in this project; a moderating variable that may influence, for example, real estate value. Per capita income data was taken from the 2017 Comprehensive Community Profile drafted by the Department of Planning, Building, and Development. The planning department in this instance has combined certain neighborhoods together when necessary for data collection. Miller Court/Arrowood, for example, has been combined with Westview Terrace, Washington Heights, and Peachtree/Norwood to form `Peters Creek North." To provide consistency in the overall rankings of neighborhoods, these neighborhoods are separated back into their individual status but scored the same as the other neighborhoods in the group (Table H). Presence of Neighborhood Organization: A sign of strong neighborhoods can be the presence of an active, connected neighborhood organization. These organizations can speak on behalf of the citizens in the neighborhood and help to address concerns faced by citizens. This project uses the presence of a neighborhood organization as a variable to measure the development of our neighborhoods. In collaboration with the Office of Neighborhood Services data was collected on the presence of a neighborhood organization. As this variable is an interesting but not a strong indicator for a high functioning neighborhood, it will be treated similarly to the per capita income variable. A neighborhood that has a civic organization on file with the city will be given a score of "1" and any neighborhood without a civic organization will be given a "0" (Table I). This variable will not be weighed heavily in the overall scoring of a neighborhood due to the possibility that, despite the presence of a civic league, simply having one on file with the city Roanoke City Neighborhood Assessment Project (2018) Page 9 does not guarantee that meetings are well attended, that citizens are engaged with the group, or they are truly representative of the community as a whole. Renter Occupied Percentage: The dynamics of the city's neighborhoods depend largely on the type of population that live within them. This report sampled renter - occupied percentage data collected by the Department of Planning, Building, and Development from the 2017Comprehensive Community Profile report. The data provided by the 2017 report groups some neighborhoods into larger groups for analysis, which may conceal the true percentages in each neighborhood. This report assigns a ranking from "4" to "1" to each neighborhood, using the same percentage for each neighborhood that has been grouped together (i.e. Peters Creek North, a combination of Miller Court/Arrowood, Westview Terrace, Washington Heights, and Peachtree/Norwood). A score of "4" reflects a lower percentage of renter - occupied property and a "1" reflects a higher percentage of renter - occupied property (Table J). New Businesses: Using data provided by the Commissioner of the Revenue, an assessment of new businesses in each neighborhood was undertaken. Data is available on the Commissioner of the Revenue website in the "New Business Report" taken monthly from June 2017 to May 2018. Addresses are provided in the majority of cases which were cross reference with the City of Roanoke GIS to determine the neighborhood in which the business license is issued. Neighborhoods with higher levels of new businesses starting in their community will receive a "4" and lower levels will receive a "1" (Table K). Some businesses that are contracted to do work within the city are listed in New Business Report data but do not have an associated address because they are not physically located in the city. These business, like construction companies, are not required to submit an address for this purpose. Education Attainment: An educated population lends itself to a successful and secure city. As Roanoke's high school graduation rates continue to grow over the years, it is important to understand where educational attainment is strong, and where there may be gaps that can be closed. This report has taken data available from the 2017 Comprehensive Community Profile to assign a ranking of each neighborhood based on both high school graduation and bachelor's degree holding individuals. As previously stated, the 2017 Comprehensive Community Profile groups some neighborhoods together causing some discrepancies in individual neighborhoods. Additionally, the data is older and may be out of date when considering graduation rates in 2018. Neighborhoods with a higher percentage of individuals holding a high school diploma will be ranked as a "4" and lower neighborhoods will be ranked as a "I." The same holds true for bachelor's degree holding individuals. (Table L). Vacancy Rate: Proliferation of vacant property in neighborhoods across the city are a drain on resources. It is in the best interest of the community as a whole to have vacancy rates as low as possible and to encourage redevelopment of existing vacant spaces. This report uses data provided by the Department of Planning, Building, and Development's 2017 Comprehensive Community Profile to score neighborhoods based on their vacancy rates. Neighborhoods with Roanoke City Neighborhood Assessment Project (2018) Page 10 higher vacancy rates are given a score of "1" while neighborhoods with lower vacancy ranks are given a score of "4." This information is reflected in Table M. Data Analysis Transportation: Each neighborhood in the city was scored by taking residential addresses and plotting them based on distance away from the nearest bus stop in that neighborhood. Distances of 5 minutes walking, 10 minutes walking, and 15 minutes walking were tracked and provided data to analyze the ease of use for transportation for bus in each neighborhood. Overall, each neighborhood has good access to a 10 minute walk to a bus stop. As seen in Table A, many neighborhoods have 100% of their residential addresses within a 10 minute walk. Notably, some neighborhoods have very few addresses within a 10 minute walk, or even a 15 minute walk. Table A shows that some neighborhoods, primarily on the outer reaches of the city, have very few to no addresses within the 15 minute mark. While this may not be an issue for those neighborhoods, as many people may have access to other transportation, it is significant in understanding the makeup of those neighborhoods furthest from the center of the city. Safety: In conjunction with the Roanoke City Police Department, crime data was tracked over 3 years, from 2015 -2017. This Part I crime data includes "Violent" and "Property" crimes. "Violent" crimes include aggravated assault, domestic violence aggravated assault, homicide, rape, and robbery. "Property" crimes include burglary, larceny, motor vehicle theft, and arson. Over three years, Part I crime in the city has increased by nearly 14 %. In many neighborhoods crime has declined; notably West End has seen a decrease of 20% in Type I crime. Wilmont has seen the highest increase in crime at a 92% increase in crime from 2016 -2017. While this does seem high, the major driver of this increase is a number of larcenies that have occurred in that neighborhood in 2017. Overall, crime increases in some neighborhoods can be attributed to a string of larcenies, like in South Jefferson, that reflect an increase of 80% despite the total number only being 18 individual larcenies. Walkability: Data provided by Walkscore.com represents the ability for an individual to easily walk from their home to nearby amenities. According to their website, they measure multiple routes from individual addresses to amenities and award points for the ability to walk to those amenities within 30 minutes. A score of 100 would be a perfect walking area and 0 would be unsuitable to walk at all. Walkscore's data is not a perfect fit in Roanoke due to the size of the city. However, this data has been incorporated into this report. Unsurprisingly, neighborhoods that are closest to Downtown score highest. From there, the Williamson Road area scores next highest but still fairly low in terms of overall walkability. The more suburban neighborhoods on the outer reaches of the city (Greater Deyerle, Monetery, Garden City, etc.) score the lowest. As the city continues to grow in population, the ability to walk to amenities will be highly sought after as a relief from traffic congestion. Recreation Opportunity: Using data provided by the Department of Parks and Recreation and the city's Real Estate GIS, park acreage was determined for each neighborhood in the city. The median acreage of parkland in each neighborhood is 3.6 acres with South Roanoke and Fallon having the most park acreage at 65.00 and 64.20 acres, respectively. Many neighborhoods have Roanoke City Neighborhood Assessment Project (2018) Page 11 no parkland at all, but some of those are adjacent to neighborhoods that do have some parks. There is no real indicator based on geographical location on what neighborhoods have the most parkland, but many neighborhoods in the urban core tend to have smaller parcels of parkland than do neighborhoods farther from Downtown. When conducting the budget analysis, we found that Elmwood Park is by far the costliest to maintain, which is to be expected. Going a step further, it was discovered that the cost recovery percentage from the collection of fees for the use of the park was roughly 22 %. Rivers Edge Sports Complex was another expensive park to maintain, with a cost of $129,070.00. As the parks decrease in size so does the cost of maintenance, with the exception of Elmwood Park. Code Enforcement: Working with the Office of Neighborhood Services, code violations from May 1, 2017 to May 31, 2018 were used to rank each neighborhood. The median was 76 violations, with a max of 634 in Belmont and a minimum of 1 in Airport. 6 neighborhoods: Belmont, Melrose - Rugby, Old Southwest, Momingside, Gilmer, and Hurt Park had as many code violations as the rest of the city. Many of these individual violations may be from the same property as each one is recorded as a separate violation. Additionally, Old Southwest has particularly stringent code restrictions due to its historic status. There is not a large correlation between code violations and overall score, with neighborhoods like Raleigh Court having a relatively high number of code violations while still scoring in the Performing category. However, there are no neighborhoods in the Underperforming category scoring at a 4 (the lowest level of code violations). Real Estate Performance: The Department of Real Estate Valuation shared 5 years of real estate data used to determine the overall performance of real estate in each neighborhood. Multi- family, single - family, and commercial real estate performance over 5 years was averaged to determine the overall change in real estate value in each neighborhood. Overall, the city's median real estate change was 0.26 %. This data can be somewhat deceptive. For example, Kenwood has the most positive change in real estate, at 4.0 %. However, this growth is almost entirely due to the commercial development of Walmart, Parkside Storage, and the car wash in that neighborhood. Multi- family property value grew by less than one percent and single - family property decreased by a fair amount. Nevertheless, many neighborhoods saw an increase in property value with Kenwood, Wasena, Southern Hills, and Gilmer topping the list with growth all above 2.0 %. Downtown, Washington Park, Westview Terrace, and Belmont all scored lowest, with real estate value growth in the negative. Income: The 2017 Comprehensive Community Profile measured the per capita and median household income of each neighborhood and was used in this report. With this data it is always important to address that some neighborhoods were grouped together in the Comprehensive Community Profile, thus the potential for inaccuracy exists. South Roanoke scores the highest by far in per capita and median household income followed by Southern Hills, Greater Deyerle, and Franklin- Colonial. On the lower side lies Harrison, Washington Park, Loudon - Melrose, and Shenandoah West. Unfortunately, but perhaps unexpectedly, income is a strong indicator of the performance of each neighborhood. With a few exceptions (Gilmer, Norwich), low per capita income indicates lower overall scoring in this report. Roanoke City Neighborhood Assessment Project (2018) Page 12 Presence of Neighborhood Organization: The Office of Neighborhood Services provided the list of active neighborhood organizations. The data provided can be viewed in Table I. Renter - Occupied Percentage: Data taken from the 2017 Comprehensive Community Profile provides the renter - occupancy rate of each neighborhood in the city. Again, this data may be inaccurate as the Comprehensive Community Profile groups some neighborhoods together. The overall median renter - occupancy rate for the city is 40.75 %. The list is topped by Old Southwest, South Jefferson, and Downtown which all have a renter - occupancy rate of at 67 %. These are unsurprising given the lack of single - family homes available in Downtown and South Jefferson and the conversion of many of the large, older homes in Old Southwest to duplexes or other multi - family property. The Hollins /Wildwood area is roughly in the median for renter - occupancy rates. On the lower side of renter - occupancy are neighborhoods that are zoned predominantly single- family: Grandin Court, Greater Deyerle, Raleigh Court, and Garden City which all have renter - occupancy rates below 28 %. New Businesses: The Commissioner of the Revenue Monthly New Business Report tracks the issuance of new business licenses on a month -to -month basis. For this report, the business licenses issued from June 2017 -May 2018 were tallied and the neighborhoods were scored accordingly. The city median was 8 new businesses with Preston Park, Raleigh Court, Downtown, and Roundhill scoring the highest with 29 or more new businesses in each. Raleigh Court likely saw new businesses centered along Grandin Road while Roundhill and Preston Park benefited from Valley View Mall and the Williamson Road commercial areas. Harrison had no new business licenses with Ridgewood Park, Norwich, and Riverland /Walnut Hill seeing 2 or fewer each. Education Attainment: Educational attainment refers to both high school graduation rates and individuals possessing a bachelor's degree. The 2017 Comprehensive Community Profile included both in the report and that data was taken and scored in this report as well. Education is a strong indicator of the scoring of an individual neighborhood. All neighborhoods in the Stable and Performing categories scored at least a 3 in high school graduation rates and most neighborhoods in the Stable or Performing group scored at least 2 in individuals with bachelor's degrees, with the exception of Garden City. South Roanoke scored highest in high school graduation rate with nearly 100% followed by Grandin Court, Wasena, and Greater Deyerle. The city's median from the data in the Comprehensive Community Profile is 82.10% for high school graduation rates. Hurt Park, Mountain View, and West End scored the lowest with less than 70% of individuals possessing a high school diploma. The city's average for bachelor's degree was much lower at 12.96 %. Vacancy Rate: Vacancy rates were taken from the 2017 Comprehensive Community Profile. At a median of 10.0% across the city, there is no strong indicator of performance based on vacancy rates. However, vacancy rates tend to be lower for neighborhoods that are in the Performing category, like Wasena, and higher for neighborhoods in the underperforming category, like Belmont. South Jefferson and Downtown do not follow that trend and are fifth and sixth highest, respectively. A high level of rental property and the fluid nature of vacancy rates, i.e. high variation year -to -year, likely impacts those neighborhoods specifically. Hurt Park, Mountain Roanoke City Neighborhood Assessment Project (2018) Page 13 View, and West End have higher vacancy rates than the rest of the city by 7 percent, at 24.6% vacancy. Kenwood, Morningside, and Riverdale all score right at the median level. Franklin - Colonial, Miller Court/Arrowood, and Peachtree/Norwood score the highest at less than 6.5 %. Individual Neighborhood Report Airport Located in far Northwest Roanoke, Airport neighborhood is bounded by Roanoke County to the North, Miller Court/Arrowood to the West- Southwest and Roundhill to the South. Compared to the rest of the city, Airport is an atypical neighborhood, defined generally by the presence of the Roanoke - Blacksburg Regional Airport. In fact, there are roughly 7 addresses located in the neighborhood and is included in the Williamson Road neighborhood district by the Department of Planning, Building, and Development. Nevertheless, Airport has been included in this report and does notably well in the number of new businesses started in the neighborhood, vacancy rates, and Type I crimes. Airport is listed as a "Functional" neighborhood, with extra emphasis on property crime levels and education rates. Belmont Belmont is located north of Morningside and immediately to the east of Downtown, across I -581. Belmont has a significant level of improvements that may be made and is considered an "Underperforming" neighborhood. While the neighborhood experiences high levels of overall crime (72 Type I crimes and nearly 750 property - related crimes over a three -year period), lower levels of educational attainment, and depressed real estate performance the neighborhood does comparatively well in transportation opportunities and walkability. Much of the neighborhood is accessible by a short 5- minute walk to a bus stop and features many sidewalks on the main avenues of traffic. Cherry Hill At the western reaches of the city, Cherry Hill is north of the train tracks that bisect the city. It is to the west of Hurt Park and north - northwest of Norwich. It borders the city of Salem and features residential, commercial, and industrial uses. Cherry Hill is listed as a "Functional" neighborhood, but has lower overall scores in vacancy rates, recreation opportunities, and real estate performance. Many who own residential property live there, rather than rent, and also has lower Part I and Property crime rates. Downtown Similar to the Airport neighborhood, Downtown is not indicative of a typical Roanoke neighborhood. Downtown features a high amount of commercial and multi - family high density residential property. Located roughly in the center of the city, Downtown serves as a major driver of activity in the city. This neighborhood scores in the "Stable" category scoring well in educational attainment (high school graduation and Bachelor's degrees), new businesses, and walkability. It scores lower in overall crimes and some incidents may be attributed to calls assigned to the police department and sheriff's office that occurs when an address is unable to be Roanoke City Neighborhood Assessment Project (2018) Page 14 confirmed with an incoming 911 call. Unsurprisingly, renter - occupied percentage is high due to the relative lack of traditional single - family homes and the density of development in the neighborhood. Eastgate Located in northeast Roanoke, Eastgate is bordered by Mecca Gardens to the East and Monterey to the west and Roanoke County to the north. This neighborhood features Eastgate Park and Mason Mill Pond Park. Eastgate scores in the "Stable" category but is grouped together with its bordering neighborhoods, Mecca Gardens, Monterey, Hollins, and Wildwood, in the 2017 Comprehensive Community Profile which may obscure some of the data specific to the neighborhood. Eastgate scores well in many categories, including recreation opportunity, low vacancy rates, and high median income per household. It scores lower in transportation and walkability likely due to its presence on the outskirts of the city, having been mostly rural in nature before being annexed by the city in the 1970s. Edgewood - Summit Hills Edgewood- Summit Hills is located to the far west of the city, just north of Ridgewood Park neighborhood, south of Peachtree/Norwood, and is bordered by Salem to the west. This neighborhood is almost entirely residential in nature and is included in the "Peters Creek South" group of neighborhoods which also includes South Washington Heights, Wilmont, Ridgewood Park, and Cherry Hill. This neighborhood is more racially diverse than the city average and scores well in low total crime and enjoys a high level of home ownership, compared to the rest of the city. It scores in the "Functional' category and has lower scores in transportation, vacancy rates, and recreation opportunities. Fairland Fairland, a geographically small neighborhood compared to others in the city, is located across I- 581 from Roundhill, just south of Miller Court/Arrowood and north of Melrose- Rugby. It is zoned primarily single- family, but has pockets of general commercial and light industrial property. In 2017, the population of this neighborhood was roughly 4,000 constituting about 4% of the total city population. This neighborhood scores well in total crime, including Part I and property crimes, low levels of code violations, and a high level of high school graduation rates. It scores lower in overall new businesses, likely due to its residential nature, and has lower access to parks within the neighborhood. This neighborhood is considered "Stable." Fallon Vinton lies to the east of this neighborhood, flanked by Belmont to the west, Kenwood to the south, and Hollins to the north. Fallon is home to the large Fallon Park and Fallon Park Elementary, which is undergoing renovation. This neighborhood scores in the "Underperforming" category due, in part, to the low levels of high school graduation (by 2017 numbers) and bachelor degrees, as well as lower median per capita income and few new businesses. Fallow scores particularly well in recreation opportunities because of Fallon Park and very well in transportation, with 99% of addresses falling within a 5 minute walk of a bus stop. Roanoke City Neighborhood Assessment Project (2018) Page 15 Franklin - Colonial Franklin- Colonial is located in the south section of the city, bordered by Grandin Court and Raleigh Court to the west, South Roanoke neighborhood to the east and touching Wasena and Old Southwest to the north. Franklin- Colonial is home to Virginia Western Community College and has a wide array of zoned uses, including residential, commercial, and heavy industrial. This neighborhood is a popular commercial area with a population of 2,884 in 2017. It is considered a "Stable" neighborhood but scores lower in property crime and Type 1 crimes as well as walkability, with streets that heavily favor vehicular use. It scores well in in education attainment, has a low number of code violations, and has high access to recreation opportunities. Gainsboro Just north of Downtown lies Gainsboro, one of the oldest neighborhoods in the city. Gainsboro is home to numerous historical buildings, including St. Andrews Catholic Church, Hotel Roanoke, and the Higher Education Center. Due in part to this historical nature, Gainsboro is an atypical neighborhood. It has a range of zoning uses, including multi - family, light industrial, and commercial. Insofar as can be done, Gainsboro is categorized as a "Functional" neighborhood. It scores low in per capita income and has a high rate of renter - occupied housing. It scores relatively low in real estate performance and has higher rates of code violations. Gainsboro scores particularly well in access to transportation and residents enjoy a high walkability score. Garden City Garden City was annexed in the 1940s by the city and still has characteristics of its rural roots today. Mostly suburban in nature, Garden City is zoned primarily R -12 and R -7 residential with some commercial and mixed zoning along Garden City Boulevard. Garden City is considered a stable neighborhood and is bordered by Mill Mountain and Southern Hills to the west, Morningside and Riverdale to the north, and Roanoke County to the east. Garden City has low levels of Part I crime, enjoys a high rate of high school graduates (but a low population of individuals with Bachelor's degrees), and predominantly owner - occupied housing. Walkability is low in this neighborhood as many side streets do not have access to sidewalks and the neighborhood is inaccessible by an easy walk to the rest of the city. Gilmer Located roughly in the center of the city, Gilmer is bordered by a number of neighborhoods including West End, Gainsboro, Harrison, Hurt Park, and Loudon - Melrose. Gilmer is a patchwork of zoning, with mixed - residential and light industrial being the primary classes. This neighborhood is scored in the "Underperforming" category and has lower scores in educational attainment, a low level of owner - occupied housing, and a high number of code violations. It scores well in real estate performance, with gains in multi - family and commercial property value, and in transportation with 100% of its residential addresses within a 5 minute walk to a bus stop. Roanoke City Neighborhood Assessment Project (2018) Page 16 Grandin Court Located in Southwest Roanoke, Grandin Court is flanked by Roanoke County to the south, Raleigh Court to the north, and Franklin - Colonial to the east. Grandin Court is primarily R -5 and R -7 residential in nature with a strip of commercial development along Brandon Avenue. Grandin Court is a high "Performing" neighborhood, scoring well in most categories including low total crime rates, code violations, and high educational attainment with nearly 27% of residents holding a bachelor's degree. Grandin Court has a population of 1833 as of 2017 constituting 1.82% of the city population. Grandin Court scores lower in the transportation category, with only 43% of residents within a five minute walk of a bus stop. Greater Deyerle Located in the far southwest corner of the city, Greater Deyerle is bordered by Roanoke County to the west and southwest, Raleigh Court to the east, and Cherry Hill across the train tracks to the north. Primarily residential in nature, Greater Deyerle is zoned R -12 with some mixed commercial zoning in the southern portions of the neighborhood. Greater Deyerle was annexed by the city in the 1970s and scores well overall as a "Performing" neighborhood. It scores lowest in transportation with only 3% of residential addresses within a 5 minute walk to a bus stop and walkability, much like other neighborhoods that were annexed by the city in the 1970s. It also has no parks present within the neighborhood boundaries. It scores well in new businesses, owner - occupied residencies, and educational attainment. Harrison Harrison, located north of Gilmer, west of Gainsboro, and south of Washington Park and Melrose- Rugby, is tucked into the Northwest region of the city. Harrison is one of the older neighborhoods in the city, with much of the housing having been built in the early 1900s. Harrison is classified as an `Underperforming" neighborhood but scores particularly well in transportation and real estate performance, with an average growth of 1.58% driven in large amounts by growth in commercial real estate value. Harrison has a fairly large number of renter - occupied houses and experiences a great deal of code violations. Additionally, educational attainment is low in this neighborhood, per 2017 data. Hollins Located in Northeast Roanoke, Hollins is bordered by Monterey, Eastgate, Wildwood, and Williamson Road neighborhood. With a mix of zoning in the neighborhood, Hollins has regions of mixed - residential, commercial, and light industrial alongside the train tracks that separate the neighborhood from Williamson Road. Hollins has a low vacancy rate and scores fairly well in total crime and has lower instances of code violations. Hollins is categorized as "Functional." Hurt Park Hurt Park, just south of the train tracks that run through the center of the city, is bordered by West End to the east and Norwich and Mountain View to the south. This neighborhood is home to an elementary school that shares its name. Hurt Park is a patchwork of zoning types, with both Roanoke City Neighborhood Assessment Project (2018) Page 17 heavy and light industrial alongside the train tracks and some commercial and mixed residential in pockets throughout the neighborhood. Hurt Park is considered an "Underperforming" neighborhood and has low scores in code violations, a high vacancy rate, and a heavy rate of renter - occupied housing. Hurt Park, like other neighborhoods near the downtown area scores well in transportation and walkability and scores fairly well in real estate performance. Kenwood Kenwood borders the town of Vinton to the east, Fallon to the north, Morningside to the west and Riverdale to the south across the Roanoke River. Historical in nature, the neighborhood was defined by the presence of the American Viscose plant that closed in the 1950s. Kenwood is primarily mixed residential with some light industrial zoning alongside the river. Kenwood is an "Underperforming" neighborhood and has a high level of property crime, a low level of recreation opportunity, and fairly high renter - occupied percentage of housing. Kenwood scores well in transportation and very well in real estate performance, with an impressive level of growth in commercial real estate value. Loudon - Melrose Located to the west of Gilmer and Harrison, south of Melrose- Rugby, east of Shenandoah West, and north of the train tracks, Loudon - Melrose is an `Underperforming" neighborhood. This neighborhood features an array of zoning, from heavy industrial alongside the train tracks to lighter industrial and eventually some mixed residential as one moves north in the neighborhood. Loudon - Melrose has many homes built in the 1920s that are now primarily renter - occupied. Real estate performance is fair in this neighborhood and transportation is served well in the neighborhood. Type I crimes are high in the neighborhood as well as vacancy rates. Educational attainment has lagged behind the city as a whole, with roughly 75% of residents holding a high school diploma in 2017. Mecca Gardens In far northeast Roanoke lies Mecca Gardens, bordering Roanoke County to the south, east, and north and Eastgate to the west. Annexed in the 1970s from the county, Mecca Gardens is primarily single - family homes and is zoned R -5 residential with some mixed commercial along Orange Avenue. Considered a "Stable" neighborhood, Mecca Gardens scores well with low code violations, low vacancy rates, and a high per capita income. The neighborhood does poorly in transportation access, with only 30% of its 1341 addresses lying within a 5 minute walk to a bus stop. Additionally, some of the data specific to this neighborhood may be imperfect due to its inclusion in the greater Hollins/Wildwood area in the 2017 Comprehensive Community Profile. Melrose -Rugby Located in northwest Roanoke, Melrose -Rugby is north of Loudon - Melrose, west of Washington Park, east of Villa Heights, and touches Fairland at the north. I -581 separates Melrose -Rugby from Roundhill to the north. Melrose -Rugby scores in the "Functional" category but struggles with a high Type I crime rate and code violations and a low real estate value performance. Despite this, Melrose -Rugby enjoys high levels of access to transportation, many recreation Roanoke City Neighborhood Assessment Project (2018) Page 18 opportunities in its 40 acres of parkland, and a good number of new businesses. With the creation of Evans Springs neighborhood, some of the land of Melrose -Rugby is now included in the new neighborhood. The majority of Melrose -Rugby is zoned R -5 single - family. Miller CourdArrowood Located in northwest Roanoke, Miller Court/Arrowood is joined by Westview Terrace, Peachtree/Norwood, and Washington Heights to form Peters Creek North. Miller Court/Arrowood has a variety of zoned uses including commercial and residential and features Countryside Park, a large park on the grounds of a former golf course. This neighborhood is considered a "Stable" neighborhood and scores well in recreation opportunities and code violations, as well as a low vacancy rate. The neighborhood does have a high level of property - related crimes, and low walkability. Monterey Monterey lies to the far north of the city bordered by Roanoke County to the north and Eastgate to the east. Preston Park neighborhood is across a set of train tracks to the west. Monetery is primarily residential with mixed and single - family zoning. Monterey is a "Stable" neighborhood with low levels of overall crime and a low vacancy rate. Median household income is high but transportation opportunity, walkability, and recreation opportunity are low. Only I% of Monterey's 1064 residential addresses are within a 5 minute walk and 4% are within a 15 minute walk of a bus stop. Morningside In southeast Roanoke, Morningside is bounded by Belmont to the north, Kenwood and Riverdale to the east. Garden city lies to the south and across the river is Mill Mountain. Morningside is considered an "Underperforming" neighborhood but has high access to recreation opportunities and overall walkability. Total crime is an issue for this neighborhood and code violations are higher in this neighborhood than the median level for the city. Real estate performance is relatively strong, with significant growth seen in the commercial real estate value. Mountain View Mountain View neighborhood, like other neighborhoods in the urban core, has multiple zoned uses. Mountain View is located just south of Hurt Park and touches West End and Old Southwest to the east, Norwich to the west and Raleigh Court and Wasena to the south. This neighborhood is considered an "Underperforming" neighborhood with a high number of code violations, high vacancy rates, and few owner - occupied residences. The neighborhood scores well in transportation fairly well in new businesses, real estate performance, and property - related crimes. Mountain View is home to the popular Black Dog Salvage company. Norwich Next door to Mountain View is Norwich, which rests to the north of Raleigh Court. Norwich is characterized by the presence of several "shotgun" style houses that were built for workers of local industry. Norwich has a large swath of heavy industrial use along the western portion of the Roanoke City Neighborhood Assessment Project (2018) Page 19 neighborhood, butting up against the railroad and Roanoke River. An older neighborhood of the city, Norwood is considered "Stable." Real estate performance in this neighborhood is strong, with significant growth in the commercial and single- family property value. The total crime rate is low and educational attainment, both high school and bachelor's degrees, is high. Norwich is a relatively small neighborhood, with less than 275 total residential addresses, which may influence its high performance in some variables. Norwich scores lower in new businesses and has few owner- occupied housing. Old Southwest Old Southwest is a unique neighborhood in the city and is on the National Register of Historic Places. Located just south of Downtown and to the immediate east of Wasena, Old Southwest is home to several historic homes and carries a longstanding history with the city. Old Southwest is considered a "Functional" neighborhood and has high levels of renter - occupied residences. Total crime exceeds both the city's median Part I crimes and property - related crime levels. Given its designation as a historic district, Old Southwest has its own challenges associated with code enforcement and is the only neighborhood in code enforcement zone one. The neighborhood scores very well in walkability and recreation opportunity with the presence of Highland Park. Real estate performance has also been high in this neighborhood. Peachtree/Norwood One of the westernmost neighborhoods in the city, Peachtree/Norwood is to the west of Washington Heights and Westview Terrace and north of Edgewood- Summit Hills. Peachtree/Norwood is joined by Miller Court/Arrowood, Westview Terrace, and Washington Heights to form the Peters Creek North area. It features a heavy amount of residential zoned property with commercial arteries running along Peters Creek Road and Melrose Avenue. A low transportation level with 9% of its residential addresses within a 5 minute walk to a bus stop, low real estate performance, and few recreation opportunities contribute to its "Functional" status. Peachtree/Norwood enjoys a low vacancy rate and a fairly high level of new businesses and owner- occupied residences. Preston Park Found between Roundhill, Monterey, and north of Williamson Road neighborhood, Preston Park is considered a "Functional" neighborhood. Preston Park is zoned residential in the center of the neighborhood extending towards Roanoke County to the north but has a mix of zoning alongside its border with Roundhill to the west and Monterey and Hollins to the east. This neighborhood has the most new businesses of any in the city, with good access to recreation opportunities and a fairly high level of walkability. Preston Park is scores lower in overall property crime, with a higher median value than the city as a whole, and a large number of code violations. Raleigh Court Raleigh Court in southwest Roanoke lies between Greater Deyerle and Wasena and north of Grandin Court. This neighborhood was annexed by the city in the early 1900s and is home to slightly more than 10,000 people. Raleigh Court is generally seen as a desirable neighborhood Roanoke City Neighborhood Assessment Project (2018) Page 20 and is considered "Performing." It enjoys a high real estate value performance, walkability score, median income, and a high level of owner - occupied homes. The neighborhood has a high level of Type I crimes and property crimes, experiencing roughly 30 Type I crimes over 3 years, double the city's median. Additionally, Raleigh Court has a high level of code violations. Ridgewood Park This neighborhood is located in the far west of the city, just south of Edgewood- Summit Hills and west of Wilmont. Ridgewood Park touches Cherry Hill to the south. Ridgewood Park is generally residential with some commercial zoned property to the south on its border with Cherry Hill. Ridgewood Park is a "Functional" neighborhood with very low overall crime totals and a high performing real estate value. It scores lower in vacancy rates and does not have high access to transportation or possess a high walkability score. Ridgewood Park was annexed by the city in the late 1940s. Riverdale In southeast Roanoke just south of Kenwood and north of Garden City is Riverdale. Riverdale is suburban in nature and primarily zoned R -5 residential or mixed residential. The greenway runs along the river in this neighborhood providing some walking access to other sectors of the city. This neighborhood is classified as "Underperforming" but does fairly well in low code violations, higher real estate performance than the city median, and good access to recreation opportunities. Riverdale has lower per capita and median household income, lower educational attainment and a fairly high renter - occupied housing percentage. Riverland/Walnut Hill Located in southeast Roanoke, Riverland /Walnut Hill abuts Mill Mountain to the south, Morningside to the east and South Jefferson and South Roanoke to the west. Riverland /Walnut Hill is a "Performing" community. Primarily residential in character, the southern portion of this neighborhood is home to Roanoke Memorial Hospital. Riverland/Walnut Hill scores lower in transportation opportunities, with 68% of homes within a 5 minute walk to a bus stop, recreation opportunities, and a low number of new businesses. Per capita income, educational attainment, and real estate performance help contribute to its overall score. Roundhill Roundhill neighborhood, home to Valley View Mall, is a "Functional" neighborhood. Scoring fairly well across the board, Roundhill faces a high level of total crime, including the highest level of property- related crime in the city due to the presence of Valley View Mall. Residential zoned property runs through the middle of the neighborhood flanked by commercial on either side. Roundhill has easy auto access to the rest of the city by 1 -581 and has a good walkability score due to its proximity to local establishments. Owner - occupied housing is fairly good, but code violations trend higher in this neighborhood. Shenandoah West Roanoke City Neighborhood Assessment Project (2018) Page 21 Shenandoah West is located to the west of Loudon - Melrose, east of South Washington Heights, Wilmont, and Cherry Hill, and south of Villa Heights. This neighborhood is a patchwork of zoning with heavy industrial use alongside the railroad to the south giving way to light industrial and single- family and multi - family residences. Shenandoah West is an "Underperforming" neighborhood and faces a high level of Type I crime, high vacancy rates, and low owner - occupied residences. Code violations are fairly low and transportation and walkability are relatively high scoring. South Jefferson Sometimes considered an extension of Downtown, South Jefferson neighborhood is a unique neighborhood in the city. South Jefferson is a small neighborhood bisected by railroad tracks. Vast amounts of development have been undertaken in this neighborhood that have transformed South Jefferson into a medical and educational powerhouse. Given its atypical nature, South Jefferson is hard to compare in some variables but is considered "Stable" due to its low levels of crime, high transportation access, and high educational attainment. South Jefferson has minimal owner - occupied residences. South Roanoke One of the highest scoring neighborhoods in the city, South Roanoke' has been long considered a desirable place to call home. Benefitting from a high educational attainment rate and high levels of per capita and median household income, South Roanoke is considered a "Performing" neighborhood. Primarily residential in nature, South Roanoke is zoned R -5 giving way to R -12 as one moves south within the neighborhood. It is bounded by Franklin- Colonial and some commercial development to the wet, Mill Mountain to the east, and Southern Hills to the south. This neighborhood scores generally high in all variables, but has a higher vacancy rate and a lower real estate performance than the city's median level. South Washington Heights Sitting in the western sector of the city, South Washington heights is surrounded by Washington Heights and Villa Heights to the north, Edgewood- Summit Hills to the west, and Wilmont to the south. South Washington Heights is considered a "Functional" neighborhood and is part of the Peters Creek South group of neighborhoods. This neighborhood experiences a higher rate of Part I crime and few recreation opportunities within its borders. Vacancy rates are high but many of the residences in the neighborhood are owner - occupied. A mix of zoning exists and a fair amount of the land in this neighborhood is made up of cemeteries. Southern Hills At the southern reaches of the city lies Southern Hills, bordered by Roanoke County to the west and south, Garden City to the east, and South Roanoke to the north. The presence of Route 220 along the southern border of the neighborhood invites commercial development contrasting with the mostly residential areas in the northern reaches of the neighborhood. A rock quarry exists in this neighborhood as well. Southern Hills is considered "Performing" with low levels of Part I crime, few code violations, and a high real estate performance. The number of new businesses is Roanoke City Neighborhood Assessment Project (2018) Page 22 low and walkability is difficult in the neighborhood. No residential addresses are within a 5 or 10 minute walk of a bus stop and only 4% of residential addresses are within a 15 minute walk. Villa Heights In northwest Roanoke, Villa Heights is bordered by a number of neighborhoods including Melrose -Rugby to the east Shenandoah West to the south, Washington Heights to the west, and Westview Terrace to the north. Villa Heights has residential in nature and features a large golf course in west portion of the neighborhood. Considered a "Functional" neighborhood, Villa Heights has a high Type I crime rate and low real estate performance. It does very well in high school graduation rates and fairly well in recreation opportunities and transportation access. Wasena The highest scoring neighborhood in the city, Wasena scores well to very well in every variable measured in this report. Located in southwest Roanoke, Wasena is bordered by Raleigh Court to the west, Franklin- Colonial to the south, Old Southwest to the east, and gives way to Mountain View across the river to the north. Wasena is a long standing community and scores very well in walkability, recreation opportunity, real estate performance, new businesses, and benefits from a high per capita income. 87% of its residential addresses are within a 5 minute walk of a bus stop and code violations are slightly lower than the city's median. Washington Heights Located in northwest Roanoke, Washington Heights is a "Performing" neighborhood. Joined together in the Peters Creek North region, Washington Heights is bordered by Villa Heights, South Washington Heights, Peachtree/Norwood, and Westview Terrace. While Washington Heights scores well in total crime, possesses a low vacancy rate, and a high number of new businesses, the neighborhood has low access to recreational opportunities, fairly low real estate performance, and lower levels of transportation opportunities. Abutting Melrose Avenue to the south provides access to commercial property while the center and northern reaches of the neighborhood are primarily residential. Washington Park Washington Park is located alongside I -581 to the east and touches Melrose -Rugby to the west with Harrison and Gainsboro to the south. This neighborhood is home to the Roanoke City School Administration Building and Addison Middle School. Mixed residential and commercial neighborhood zones are scattered throughout the neighborhood. Low educational attainment, low real estate performance, and high Type I crime contribute to its "Underperforming" status. It scores very well in recreation opportunities and fairly well in transportation access. West End Located in the urban core of the city, West End is just to the west of Downtown and east of Hurt Park. Much of this neighborhood falls into Enterprise Zone I and has been a recent focus for redevelopment. West End scores well in transportation and walkability, enjoying easy access to Downtown. Total crime is low and code violations are fairly low as well. Vacancy rates are high Roanoke City Neighborhood Assessment Project (2018) Page 23 and very few residences are owner - occupied. Educational attainment lags behind the rest of the city and median household and per capita income is low. Westview Terrace In northwest Roanoke just north of Washington Heights lies Westview Terrace. A solidly "Stable" neighborhood, Westview Terrace is almost entirely residential but features commercial development along Peters Creek Road. Vacancy rates, total crime, and code violations are all very low, lending to its "Stable" status. Westview Terrace also scores fairly well in high school educational attainment and has a fair level of owner - occupied housing. Walkability and transportation opportunities are low and real estate performance has been in decline. Wildwood Located in northeast Roanoke, Wildwood is a smaller neighborhood and home to Thrasher Park. It has a mix of residential and light industrial zoning with some scattered commercial development. Wildwood scores well overall, with a high real estate performance, low total crime, and low vacancy rate contributing to its "Performing" status. Transportation and walkability are slightly lower and many of its residences are renter - occupied. Thrasher Park is a popular park in the city and provides a higher than average recreational opportunity for this neighborhood. Williamson Road Williamson Road has a unique character in the city and features dense commercial property along the road that bears its name and residential property extending beyond the main arteries. Much of the development of this neighborhood occurred in the mid -1900s and provides the unique character the neighborhood has achieved. It is considered "Functional" scoring very well in new businesses and walkability, but struggles with a high Part I and property - related crime rate. It scores fairly well in its overall vacancy rate and real estate performance but trends lower in per capita income and educational attainment. Wilmont Located in the western half of the city, Wilmont is just north of Cherry Hill and a part of the Peters Creek South neighborhood group. This neighborhood is home to Fairview Elementary school and Strauss Park on its border with Edgewood- Summit Hills. A "Functional" neighborhood, Wilmont scores well in owner - occupied residence and overall crime. Real estate performance has been in decline and vacancy rates are high. Wilmont has a higher- than - average number of new businesses. Roanoke City Neighborhood Assessment Project (2018) Page 24 Conclusion Uncompleted steps notwithstanding, this report has developed a framework to evaluate each neighborhood in the city of Roanoke. Each variable lends a quality to every neighborhood and provides a better understanding of what makes the city an attractive place to live and work. Some variables are better indicators of the development of neighborhoods, with education being one of the most powerful indicators of a strong, well - functioning neighborhood. The city's constant betterment of our education system will provide long -term gains in every neighborhood and should continue to be a source of pride for the community. Other indicators, while good indicators of positive development, are not to the same degree of correlation as education. Code violations, total crime, and real estate performance are typically relevant in a neighborhood's score, but are not the most important indicators. This report should be used as a reference to a neighborhood's strengths and areas of improvement, but should by no means be the only source when viewing a neighborhood. A neighborhood, despite its scoring in this report, may be a safe, attractive, and desirable place to live or work and this report, while useful, only provides an objective account of variables and does not capture the same community feeling that one may experience when living in one of our communities. Roanoke City Neighborhood Assessment Project (2018) Page 25 Tables and Figures Table A. Addresses within 5, 10, and 15 minutes walking distance to bus stop; Department of Technology- GIS Neighborhood Withi n 5 Min Within 10 Min Withi n 15 Min Total Addresses Percent Within 5 Min Percent Within 10 Min Percent Within 15 Min Airport 4 4 7 7 57% 57% 100% Belmont 1031 1154 1154 1154 89% 100% 100% Cherry Hill 353 560 669 669 53% 84% 100% Downtown 306 1 306 306 306 100% 100% 100% Eastgate 51 296 585 592 9% 50% 99% Edgewood- Summit Hills 19 182 394 558 3% 33% 71% Evans Spring 11 11 11 11 100% 100% 100% Fairland 371 580 580 580 64% 100% 100% Fallon 507 507 514 514 99% 1 99% 100% Franklin - Colonial 1126 1569 1784 1784 63% 88% 100% Gainsboro 455 455 455 455 100% 100% 100% Garden City 876 1181 1295 1394 63% 85% 93% Gilmer 394 394 394 394 100% 100% 100% Grandin Court 410 778 938 947 43% 82% 99% Greater Deyerle 62 193 774 1944 3% 10% 40% Greater Raleigh Court 4549 5084 5141 5141 88% 99% 100% Harrison 524 524 524 524 100% 100% 100% Hollins 384 497 498 498 77% 100% 100% Hurt Park 494 494 494 494 100% 100% 100% Kenwood 748 748 748 748 100% 100% 100% Loudon - Melrose 405 405 405 405 100% 100% 100% Mecca Gardens 399 1239 1321 1341 30% 92% 99% Melrose -Rugby 1716 1722 1722 1722 100% 100% 100% Mill Mountain 0 0 0 1 0% 0% 0% Miller Court /Arrowood 507 827 903 988 51% 84% 91% Monterey 9 18 44 1064 1% 2% 4% Morningside 1254 1389 1389 1389 90% 100% 100% Mountain View 567 568 568 568 100% 100% 100% Norwich 200 268 268 268 75% 100% 100% Old Southwest 2335 2639 2639 2639 88% 100% 100% Peachtree /Norwood 103 466 800 1098 9% 42% 73% Preston Park 1556 2917 2930 2930 53% 100% 100% Ridgewood Park 9 21 133 361 2% 6% 37% Riverdale 336 495 634 668 50% 74% 95% Riverland /Walnut Hill 388 568 568 568 68% 100% 100% Roundhill 2039 2164 2164 2164 94% 100% 100% Shenandoah West 814 823 823 823 99% 100% 100% Roanoke City Neighborhood Assessment Project (2018) Page 26 South Roanoke 1805 2010 2097 2237 81% 90% 94% South Washington Heights 540 672 791 791 68% 85% 100% Southern Hills 0 0 21 501 0% 0% 4% Villa Heights 1053 1128 1159 1159 91% 97% 100% Wasena 766 885 885 885 87% 100% 100% Washington Heights 308 488 500 500 62% 98% 100% Washington Park 724 770 770 770 94% 100% 100% West End 113 113 113 113 100% 100% 100% Westview Terrace 186 456 576 576 32% 79% 100% Wildwood 321 493 493 493 65% 100% 100% Williamson Road 1486 1782 1782 1782 83% 100% 100% Wilmont 467 540 540 540 86% 100% 100% Table B. Crime Statistics, Total; Roanoke City Police Department Neighborhood Total # of Crimes (2015- 17) Neighborhood Total # of Crimes (2015- 17) Rank Airport 510 Roundhill 1828 1 Belmont 799 Williamson Road 811 1 Cherry Hill 135 Belmont 799 1 Downtown 521 Greater Raleigh Court 593 1 Eastgate 203 Preston Park 557 1 Edgewood- Summit Hills 87 Franklin - Colonial 524 1 Fairland 70 Downtown 521 1 Fallon 204 Airport 510 1 Franklin - Colonial 524 Morningside 478 1 Gainsboro 200 Old Southwest 453 1 Garden City 220 Kenwood 395 1 Gilmer 210 Miller Court /Arrowood 369 1 Grandin Court 122 Melrose -Rugby 362 2 Greater Deyerle 159 Villa Heights 347 2 Harrison 197 Loudon - Melrose 307 2 Hollins 139 Shenandoah West 304 2 Hurt Park 181 South Washington Heights 270 2 Kenwood 395 Washington Park 229 2 Loudon - Melrose 307 Garden City 220 2 Mecca Gardens 159 Riverdale 217 2 Melrose-Rugby 362 Gilmer 210 2 Miller Court /Arrowood 369 Fallon 204 2 Monterey 75 East Gate 203 2 Morningside 478 Peachtree /Norwood 202 2 Mountain View 182 Gainsboro 200 3 Roanoke City Neighborhood Assessment Project (2018) Page 27 Norwich 59 Harrison 197 3 Old Southwest* 453 Southern Hills 190 3 Peachtree /Norwood 202 South Roanoke 187 3 Preston Park 557 Mountain View 182 3 (Greater) Raleigh Court 593 Hurt Park 181 3 Ridgewood Park 40 Greater Deyerle 159 3 Riverdale 217 Mecca Gardens 159 3 Riverland /Walnut Hills 129 Hollins 139 3 Roundhill 1828 Cherry Hill 135 3 Shenandoah West 304 Riverland /Walnut Hills 129 3 South Jefferson 38 Wasena 129 3 South Roanoke 187 Grandin Court 122 4 South Washington Heights 270 Wilmont 114 4 Southern Hills 190 Washington Heights 107 4 Villa Heights 347 Wildwood 105 4 Wasena 129 West End 101 4 Washington Heights 107 Edgewood- Summit Hills 87 4 Washington Park 229 Westview Terrace 86 4 West End 101 Monterey 75 4 Westview Terrace 86 Fairland 70 4 Wildwood 105 Norwich 59 4 Williamson Road 811 Ridgewood Park 40 4 Wilmont 114 South Jefferson 38 4 Table C. Crime Statistics, Part I Crimes; Roanoke City Police Department Neighborhood Total Part I Crimes Rankin Williamson Road 80 1 Belmont 72 1 Melrose -Rugby 60 1 Shenandoah West 45 1 Downtown 44 1 South Washington Heights 42 1 Old Southwest 41 1 Roundhill 40 1 Loudon- Melrose 38 1 Morningside 33 1 Greater Raleigh Court 31 1 Villa Heights 31 1 Harrison 29 2 Preston Park 29 2 Washington Park 28 2 Miller Court /Arrowood 27 2 Roanoke City Neighborhood Assessment Project (2018) Page 28 Mountain View 27 2 Peachtree /Norwood 22 2 Franklin - Colonial 21 2 Gilmer 21 2 Hurt Park 21 2 Gainsboro 20 2 Fallon 19 2 Riverdale 16 2 Wildwood 15 3 Hollins 14 3 Eastgate 13 3 Cherry Hill 12 3 Greater Deyerle 12 3 Wilmont 12 3 Kenwood 10 3 Monterey 10 3 Mecca Gardens 10 3 Riverland /Walnut Hill 10 3 West End 10 3 Ed ewood- Summit Hills 8 3 Grandin Court 8 3 Wasena 8 3 Washington Heights 8 3 Airport 7 4 Norwich 7 4 South Roanoke 7 4 Garden City 5 4 Fairland 4 4 Southern Hills 3 4 Westview Terrace 3 4 Ridgewood Park 1 4 South Jefferson 0 4 Table D. Recreation Opportunities, Park Acreage by Neighborhood; Department of Parks and Recreation Neighborhood Total Acres Rankin South Roanoke 65.00 4 Fallon 64.20 4 Washington Park 55.40 4 Eastgate 54.90 4 Franklin - Colonial 51.10 4 Wasena 47.00 4 Raleigh Court 43.60 4 Melrose -Rugby 40.30 4 Miller Court /Arrowood 37.39 4 Old Southwest 33.50 4 Morningside 25.20 4 Roanoke City Neighborhood Assessment Project (2018) Page 29 Grandin Court 22.10 3 Wildwood 21.90 3 Preston Park 20.10 3 Mountain View 19.80 3 Wilmont 15.20 3 Roundhill 11.50 3 Norwich 9.80 3 Downtown 8.93 3 Garden City 8.00 3 Riverdale 6.20 3 Villa Heights 5.00 3 Shenandoah West 4.20 2 Hurt Park 3.60 2 Loudon Melrose 3.60 2 Williamson Road 2.50 2 Ridgewood Park 2.10 2 Southern Hills 1.70 2 West End 1.40 2 Gilmer 1.20 2 Riverland /Walnut Hill 0.90 2 Gainsboro 0.70 2 Airport 0.3 2 Cherry Hill 0 1 Greater Deyerle 0 1 Kenwood 0 1 Belmont 0 1 Harrison 0 1 South Washington Heights 0 1 Washington Heights 0 1 Edgewood /Summit Hills 0 1 Peachtree /Norwood 0 1 Westview Terrace 0 1 Fairland 0 1 Monterey 0 1 Hollins 0 1 Mecca Gardens 0 1 Table E. Park Budget Expenditures by Acreage; Department of Parks and Recreation Name Hours Cost Percentage Elmwood Park 4,690.75 $ 178,436.13 9.20% River's Edge Sports Complex 3,393.00 $ 129,069.72 6.65% Roanoke River Greenway 2,463.50 $ 93,711.54 4.83% Wasena Park 2,068.50 $ 78,685.74 4.06% Mill Mountain Park 1,812.75 $ 68,957.01 3.55% Mountain View Center 1,699.75 $ 64,658.49 3.33% Roanoke City Neighborhood Assessment Project (2018) Page 30 Huff Lane Park 1,642.75 $ 62,490.21 3.22% Fallon Park 1,636.50 $ 62,252.46 3.21% Highland Park 1,540.50 $ 58,600.62 3.02% Countryside Park 1,410.25 $ 53,645.91 2.77% Washington Park 1,264.00 $ 48,082.56 2.48% Jackson Park 1,230.25 $ 46,798.71 2.41% Public Works Service Center 1,207.50 $ 45,933.30 2.37% River's Edge North 1,125.25 $ 42, 804.51 2.21% Fishburn Park 974.00 $ 37,050.96 1.91% Lick Run Greenway 969.50 $ 36,879.78 1.90% Smith Park 962.25 $ 36,603.99 1.89% Thrasher Park 882.00 $ 33,551.28 1.73% Eureka Park 848.25 $ 32,267.43 1.66% Preston Park 841.75 $ 32,020.17 1.65% Strauss Park 783.50 $ 29,804.34 1.54% Tinker Creek Greenway 701.25 $ 26,675.55 1.38% Eastgate Park 660.25 $ 25,115.91 1.29% Melrose Park 651.50 $ 24,783.06 1.28% Breckinridge Ballfields 589.75 $ 22,434.09 1.16% Raleigh Court Park 558.25 $ 21,235.83 1.09% Lakewood Park 547.00 $ 20,807.88 1.07% Golden Park 527.50 $ 20,066.10 1.03% Wells Avenue 516.00 $ 19,628.64 1.01% Murray Run Greenway 505.00 $ 19,210.20 0.99% Norwich Park 496.75 $ 18,896.37 0.97% Garden City Park 490.25 $ 18,649.11 0.96% Ridgewood Park 472.75 $ 17,983.41 0.93% 13th Street Greenhouse 400.00 $ 15,216.00 0.78% Mill Mountain Greenway 390.50 $ 14,854.62 0.77% Maher Field 388.50 $ 14,778.54 0.76% Horton Park 375.25 $ 14,274.51 0.74% Municipal Building 373.25 $ 14,198.43 0.73% Kennedy Park 358.25 $ 13,627.83 0.70% Vic Thomas Park 345.25 $ 13,133.31 0.68% Loudon Park 341.50 $ 12,990.66 0.67% Perry Park 322.50 $ 12,267.90 0.63% Piedmont Park 319.50 $ 12,153.78 0.63% Morningside Park 317.00 $ 12,058.68 0.62% Sunrise Park 313.75 $ 11,935.05 0.62% City Parks - General 299.50 $ 11,392.98 0.59% Lee Plaza 295.75 $ 11,250.33 0.58% Mason Mill Park 284.50 $ 10,822.38 0.56% Shrine Hill Park 279.50 $ 10,632.18 0.55% Wells Fargo Plaza 276.00 $ 10,499.04 0.54% Third & Campbell 263.50 $ 10,023.54 0.52% Westside Ballfields 262.75 $ 9,995.01 0.52% Grandin Court Center 258.50 $ 9,833.34 0.51% Roanoke City Neighborhood Assessment Project (2018) Page 31 Ghent Hill Park 255.00 $ 9,700.20 0.50% Harkrader Park 254.25 $ 9,671.67 0.50% Staunton Avenue Park 252.25 $ 9,595.59 0.49% Century Plaza 244.00 $ 9,281.76 0.48% Garden City Center 230.50 $ 8,768.22 0.45% Tazwell Cemetary 220.50 $ 8,387.82 0.43% Entrance Way Park 210.50 $ 8,007.42 0.41% Brown Robertson Park 202.75 $ 7,712.61 0.40% Bowman Park 195.00 $ 7,417.80 0.38% Hurt Park 183.75 $ 6,989.85 0.36% Libraries 177.75 $ 6,761.61 0.35% Villa Heights Park 176.25 $ 6,704.55 0.35% West End Park 172.00 $ 6,542.88 0.34% Fern Park 157.25 $ 5,981.79 0.31% Tinker Creek Parking Lot 149.75 $ 5,696.49 0.29% Wasena Skatepark 139.00 $ 5,287.56 0.27% Gateway Park 138.25 $ 5,259.03 0.27% Andrews Park 134.25 $ 5,106.87 0.26% Holton Plaza 128.50 $ 4,888.14 0.25% Central Business District 125.75 $ 4,783.53 0.25% MLKBridge 125.00 $ 4,755.00 0.25% Triangle Park 106.50 $ 4,051.26 0.21% Argonne Circle 100.75 $ 3,832.53 0.20% Memorial Bridge Park 90.50 $ 3,442.62 0.18% Valley Avenue Park 79.00 $ 3,005.16 0.15% Lawson Building 44.00 $ 1,673.76 0.09% Radio Shop 30.00 $ 1,141.20 0.06% Madison Middle School 23.50 $ 893.94 0.05% Garden City Greenway 20.00 $ 760.80 0.04% New Courthouse 4.50 $ 171.18 0.01% Table F. Code Violations, May 1, 2017 -May 31, 2018; Office of Neighborhood Services Neighborhood Total Code Violations Rankin Airport 1 4 Belmont 634 1 Cherry Hill 116 2 Downtown 44 4 Eastgate 50 3 Edgewood- Summit Hills 58 3 Fairland 41 4 Fallon 130 2 Franklin - Colonial 42 4 Gainsboro 128 2 Garden City 134 2 Gilmer 348 1 Roanoke City Neighborhood Assessment Project (2018) Page 32 Grandin Court 17 4 Greater Deyerle 80 3 Greater Raleigh Court 194 1 Harrison 235 1 Hollins 55 3 Hurt Park 347 1 Kenwood 155 2 Loudon - Melrose 193 2 Mecca Gardens 43 4 Melrose -Rugby 590 1 Miller Court /Arrowood 36 4 Monterey 47 3 Morningside 463 1 Mountain View 239 1 Norwich 53 3 Old Southwest* 555 1 Peachtree /Norwood 135 2 Preston Park 213 1 Ridgewood Park 52 3 Riverdale 65 3 Riverland /Walnut Hill 60 3 Roundhill 143 2 Shenandoah West 47 4 South Jefferson 8 4 South Roanoke 40 4 South Washington Heights 32 4 Southern Hills 3 4 Villa Heights 96 2 Wasena 54 3 Washington Heights 52 3 Washington Park 95 2 West End 75 3 Westview Terrace 19 4 Wildwood 57 3 Williamson Road 159 2 Wilmont 81 2 Table G. Real Estate Performance, Average Change in Percent: Multi- family, Single - Family, and Commercial 2013 -2017; Municipal Auditing Report April 26, 2018 Neighborhood Multi- Family Property Commercial Property Single- Family Property AVG %Change (Multi +Single +Commercial) Airport Data Unavailable 4.08% 0% 0.0204% Belmont -1.84% 0.90% -1.78% -0.91% Cherry Hill 0.86% -0.46% -1.48% -0.36% Downtown - 20.92% 3.12% -2.88% -6.89% Roanoke City Neighborhood Assessment Project (2018) Page 33 Eastgate 0.08% 0.64% -0.72% 0.00% Edgewood- Summit Hills 0% 2.02% -1.88% 0% Fairland 1.08% 0.48% -0.92% 0.21% Fallon -1.04% 4.40% -1.70% 0.55% Franklin - Colonial -0.94% 1.44% -0.14% 0.12% Gainsboro 0.16% 0% -0.70% -0.18% Garden City 1.72% 1.44% -0.50% 0.89% Gilmer 2.22% 5.62% -1.44% 2.13% Grandin Court 0.34% 0.82% -0.66% 0.17% Greater Deyerle 1.80% 0.76% -0.38% 0.73% Harrison 1.28% 5.06% -1.60% 1.58% Hollins -0.30% 2.06% -1.60% 0.05% Hurt Park -1.10% 3.18% -0.94% 0.38% Kenwood 0.28% 13.44% -1.66% 4.02% Loudon - Melrose -0.58% 2.94% -1.16% 0.40% Mecca Gardens -0.66% 2.36% -0.90% 0.27% Melrose -Rugby -0.80% 0.06% -1.62% -0.79% Miller Court /Arrowood 0.82% 2.84% 0.16% 1.27% Monterey 0.26% -0.08% -1.06% -0.29% Morningside -1.38% 5.10% -1.66% 0.69% Mountain View -0.04% 1.94% 0.72% 0.87% Norwich 0.38% 4.16% 1.52% 2.02% Old Southwest 0.98% 1.52% 2.00% 1.50% Peachtree /Norwood -0.20% 1.12% -1.78% -0.29% Preston Park -1.06% 0.68% -1.16% -0.51% Raleigh Court 1.28% 2.08% -0.46% 0.97% Ridgewood Park 9.52% -2.22% -1.16% 2.05% Riverdale 1.10% 2.06% -0.66% 0.83% Riverland /Walnut Hills 1.42% 2.04% -0.44% 1.01% Roundhill -0.06% 4.28% -1.80% 0.81% Shenandoah West 1.52% -0.98% -0.84% -0.10% South Jefferson Data Unavailable 20.00% Data Unavailable 20.00% South Roanoke -1.70% 1.64% 0.04% -0.01% South Washington Heights 0.92% 0.80% -0.28% 0.48% Southern Hills 0.94% 7.66% -0.36% 2.75% Villa Heights -0.52% 1.20% -1.64% -0.32% Wasena 2.32% 6.52% 0.26% 3.03% Washington Heights 0.86% 0.14% -0.98% 0.01% Washington Park 0.54% -8.46% -0.96% -2.96% West End -0.90% 3.14% -2.50% -0.09% Westview Terrace Data Unavailable -0.50% -1.96% -1.23% Wildwood -0.30% 3.84% -0.44% 1.03% Williamson Road 1.90% 1.28% -2.40% 0.26% Roanoke City Neighborhood Assessment Project (2018) Page 34 Wilmont Data 0.34% -1.44% -0.55% Unavailable Table H. Income Data, Median Per Capita and Median Household; 2017 Comprehensive Community Profile Neighborhood Per Capita Income Median Household Income Airport $ 19,452.00 $ 36,123.00 Belmont $ 14,568.00 $ 29,852.00 Cherry Hill $ 17,618.00 $ 35,635.00 Downtown $ 31,566.00 $ 42,041.00 East ate $ 22,817.00 $ 44,582.00 Edgewood- Summit Hills $ 17,618.00 $ 35,635.00 Fairland $ 18,703.00 $ 34,682.00 Fallon $ 14,568.00 $ 29,852.00 Franklin - Colonial $ 31,884.00 $ 42,772.00 Gainsboro $ 17,186.00 $ 22,890.00 Garden City $ 22,360.00 $ 37,599.00 Gilmer $ 21,141.00 $ 21,350.00 Grandin Court $ 30,503.00 $ 51,991.00 Greater Deyerle $ 35,307.00 $ 47,050.00 Harrison $ 10,599.00 $ 17,913.00 Hollins $ 22,817.00 $ 44,582.00 Hurt Park $ 11,946.00 $ 20,669.00 Kenwood $ 14,367.00 $ 29,590.00 Loudon - Melrose $ 11,645.00 $ 17,525.00 Mecca Gardens $ 22,817.00 $ 44,582.00 Melrose -Rugby $ 13,525.00 $ 30,014.00 Miller Court /Arrowood $ 18,711.00 $ 36,891.00 Monterey $ 22,817.00 $ 44,582.00 Morningside $ 14,367.00 $ 29,590.00 Mountain View $ 11,946.00 $ 20,669.00 Norwich $ 15,350.00 $ 26,324.00 Old Southwest $ 25,510.00 $ 29,444.00 Peachtree /Norwood $ 18,711.00 $ 36,891.00 Preston Park $ 19,452.00 $ 36,123.00 Raleigh Court $ 28,486.00 $ 46,394.00 Ridgewood $ 17,618.00 $ 35,635.00 Riverdale $ 14,367.00 $ 29,590.00 Riverland /Walnut Hill $ 26,366.00 $ 43,178.00 Roundhill $ 19,452.00 $ 36,123.00 Shenandoah West $ 11,645.00 $ 17,525.00 South Jefferson $ 31,566.00 $ 42,041.00 South Roanoke $ 58,291.00 $ 76,338.00 South Washington Heights $ 17,618.00 $ 35,635.00 Southern Hills $ 44,395.00 $ 49,000.00 Villa Heights $ 18,703.00 $ 34,682.00 Wasena $ 23,050.00 $ 43,438.00 Roanoke City Neighborhood Assessment Project (2018) Page 35 Washington Heights $ 18,711.00 $ 36,891.00 Washington Park $ 10,599.00 $ 17,913.00 West End $ 11,946.00 $ 20,669.00 West-view Terrace $ 18,711.00 $ 36,891.00 Williamson Road $ 19,452.00 $ 36,123.00 Wilmont $ 17,618.00 $ 35,635.00 Table I. Presence of Neighborhood Organization; Office of Neighborhood Services Neighborhood Active Neighborhood Association Airport No Belmont Yes Cherry Hill No Downtown No Eastgate No Edgewood- Summit Hills No Fairland Yes Fallon No Franklin - Colonial No Gainsboro Yes Garden City No Gilmer No Grandin Court Yes Greater Deyerle Yes Harrison No Hollins No Hurt Park Yes Kenwood No Loudon - Melrose Yes Mecca Gardens No Melrose -Rugby Yes Miller Court /Arrowood Yes Monterey No Morningside No Mountain View Yes Norwich Yes Old Southwest Yes Peachtree /Norwood No Preston Park No Raleigh Court Yes Ridgewood Park No Riverdale Yes Riverland /Walnut Hills Yes Roundhill No Shenandoah West No South Jefferson No South Roanoke No South Washington Heights No Roanoke City Neighborhood Assessment Project (2018) Page 36 Southern Hills No Villa Hei hts No Wasena Yes Washington Heights No Washington Park No West End No Westview Terrace No Wildwood Yes Williamson Road No Wilmont No Table J. Renter Occupancy Percentage; 2017 Comprehensive Community Profile Neighborhood Renter Occupancy Rates Airport 39.90% Belmont 49.10% Cherry Hill 31.90% Downtown 67.90% Eastgate 41.40% Ed ewood 31.90% Fairland 40.70% Fallon 49.10% Franklin - Colonial 51.20% Gainsboro 57.40% Garden City 27.80% Gilmer 55.80% Grandin Court 20.50% Greater Deyerle 27.60% Greater Raleigh Court 27.60% Harrison 62.70% Hollins 41.40% Hurt Park 54.10% Kenwood 41.80% Loudon - Melrose 65.10% Mecca Gardens 41.40% Melrose -Rugby 36.00% Miller Court /Arrowood 37.40% Monterey 41.40% Morningside 40.80% Mountain View 54.10% Norwich 58.80% Old Southwest 70.10% Peachtree /Norwood 37.40% Preston Park 39.90% Ridgewood 31.90% Riverdale 40.80% Riverland /Walnut Hills 38.90% Roundhill 39.90% • ' '.* Roanoke City Neighborhood Assessment Project (2018) Page 37 Shenandoah West 65.10% South Jefferson 67.90% South Roanoke 29.70% South Washington Heights 31.90% Southern Hills 37.20% Villa Heights 40.70% Wasena 39.10% Washington Heights 37.40% Washington Park 62.70% West End 54.10% Westview Terrace 37.40% Wildwood 41.40% Williamson Road 39.90% Wilmont 31.90% Table K. New Businesses; Commissioner of the Revenue Monthly Businesses Report June 2017 -May 2018 Neighborhood Number of New Businesses Preston Park 42 Greater Raleigh Court 40 Downtown 32 Franklin - Colonial 29 Roundhill 29 Williamson Road 26 Old Southwest 23 Greater Deyerle 21 Wasena 19 South Roanoke 15 Melrose -Rugby 11 Washington Heights 11 Eastgate 10 Grandin Court 10 Peachtree /Norwood 10 Westview Terrace 10 Wilmont 10 Airport 9 Garden City 9 Miller Court /Arrowood 9 Morningside 9 Mountain View 9 Gainsboro 8 Monterey 8 Villa Heights 8 Edgewood- Summit Hills 7 Mecca Gardens 7 Kenwood 6 Riverdale 6 Roanoke City Neighborhood Assessment Project (2018) Page 38 %' Shenandoah West 6 South Washington Heights 6 Washington Park 6 Belmont 5 West End 5 Wildwood 5 Cherry Hill 4 Fairland 4 Fallon 4 Hurt Park 4 Loudon - Melrose 4 Gilmer 3 Hollins 3 South Jefferson 3 Southern Hills 3 Norwich 2 Riverland /Walnut Hill 2 Ridgewood Park I Harrison 0 Table L. Educational Attainment, High School and Undergraduate Degree; 2017 Comprehensive Community Profile Neighborhood % of Individuals with High School Degree % of Individuals with an Undergraduate Degree Airport 78.70 12.80 Belmont 73.40 5.00 Cherry Hill 82.10 7.40 Downtown 84.60 23.20 Eastgate 84.50 14.00 Edgewood- Summit Hills 82.10 7.40 Fallon 73.40 5.00 Fairland 87.50 12.10 Franklin - Colonial 95.70 21.50 Gainsboro 84.00 14.90 Garden City 87.10 4.60 Gilmer 78.60 8.90 Grandin Court 98.00 26.80 Greater Deyerle 96.40 29.10 Harrison 70.50 6.70 Hollins 84.50 14.00 Hurt Park 69.60 3.20 Kenwood 78.60 3.20 Loudon - Melrose 73.30 5.00 Mecca Gardens 84.50 14.00 Melrose -Rugby 77.70 13.10 Miller Court /Arrowood 83.20 9.10 xw Roanoke City Neighborhood Assessment Project (2018) Page 39 Monterey 84.50 14.00 Morningside 78.60 3.20 Mountain View 69.60 3.20 Norwich 89.60 26.60 Old Southwest 80.80 16.10 Peachtree /Norwood 83.20 9.10 Preston Park 78.70 12.80 Raleigh Court 92.40 29.30 Ridgewood Park 82.10 7.40 Riverdale 78.60 3.20 Riverland /Walnut Hill 88.50 19.60 Roundhill 78.70 12.80 Shenandoah West 73.30 5.00 South Jefferson 84.60 23.20 South Roanoke 98.50 37.80 South Washington Heights 82.10 7.40 Southern Hills 95.40 29.20 Villa Heights 87.50 12.10 Wasena 97.40 25.80 Washington Heights 83.20 9.10 Washington Park 70.50 6.70 West End 69.60 3.20 Westview Terrace 83.20 9.10 Wildwood 84.50 14.00 Williamson Road 78.70 12.80 Wilmont 82.10 7.40 Table M. Vacancy Rates; 2017 Comprehensive Community Profile Neighborhood Vacancy Rate Airport 6.60% Belmont 16.90% Cherry Hill 16.70% Downtown 17.60% Eastgate 6.40% Edgewood- Summit Hills 16.70% Fallon 16.90% Franklin - Colonial 5.90% Gainsboro 16.40% Garden City 7.40% Gilmer 14.80% Grandin Court 6.40% Greater Deyerle 9.30% Harrison 9.00% Hollins 6.40% Hurt Park 24.60% Kenwood 10.00% Loudon - Melrose 17.40% Roanoke City Neighborhood Assessment Project (2018) Page 40 w" ` ' " Mecca Gardens 6.40% Melrose -Rugby 12.60% Miller Court /Arrowood 6.10% Monterey 6.40% Morningside 10.00% Mountain View 24.60% Norwich 12.30% Old Southwest 10.90% Peachtree /Norwood 6.10% Preston Park 6.60% Raleigh Court 9.30% Ridgewood Park 16.70% Riverdale 10.00% Riverland /Walnut Hill 14.60% Roundhill 6.60% Shenandoah West 17.40% South Jefferson 17.60% South Roanoke 9.90% South Washington Heights 16.70% Southern Hills 8.40% Villa Heights 11.00% Wasena 8.40% Washington Heights 6.10% Washington Park 9.00% West End 24.60% Westview Terrace 6.10% Wildwood 6.40% Williamson Road 6.60% Wilmont 16.70% ` r NEIGHBORHOOD ASSESSMENT PROJECT Prepared for the Office of the City Manager, Roanoke, VA by Jonathan McCoy Masters Student, Urban and Regional Planning & Public Administration hl "I -- To better understand the development of our neighborhoods To create methods to analyze expenditures based on 12 variables ■ To recommend gap- reducing solutions in expenditures EO ■ Step 1 Evaluate neighborhoods over 12 criteria to better understand performance Step 2 Assess service delivery based on budget expenditures ■ Step 3 Recommend gap- reducing measures based on expenditures • Transportation • Crime • Walkability • Recreation Opportunity • Code Enforcement • Real Estate Performance • Neighborhood Organization • Education • Vacancy Rate • Income • Renter Occupancy • New Businesses RANKINGS Assigned values per variable and ranked from 1 -4 E.g. a "4" in safety represents the least amount of crime reported. A "1" represents the highest. Neighborhoods are scored by the data, NOT against each other. Rf • Underperforming (N <32 points) Neighborhoods experiencing particular challenges in a majority of the criteria • Functional (32 <N <39) • Neighborhoods that perform generally well in some criteria but also have areas of improvement • Stable (39<N<43) • Neighborhoods that perform well in most, but not all, criteria • Performing (N >43) Neighborhoods that perform very well in most, if not all, criteria LF] kj 9 V -kF7 f I I W11A-1 FITE MR-T f If k I U I ik'N • This data is not perfect and should not be used as such Differing levels of data may obscure nuance or result in discrepancies with some variables ■ Point differential between neighborhood grouping is low *COMRQAA flub lathy, "D 31-NUM May RS e 06 ap 04 A 0 04 -0 0:7 0.00260 230Ei fE� 29 ji Lo 0 • es Growth Rate 11 RENTER OCCUPANCY I rMir-UnT, M, C04075 .4 O v 0 51 • nters If I � ) *CODE VIOUNUIS MAY ! 10 20 N =F: 600 13U N 300 I" a Netqhborhood & rx cc t > E EO OlIVRIAMI'VI COMMUMI'l ?Rfjr,'Lr "hborhood olcoc 9C 2 —V 14, 11 El QCi COMUSSIOUR Of THE REVEAR MONTHLY NEW KSIMSS RiPOAT, JuNI i,011-Bia EOie, 8 won 11111111111111 IX to CL NeighborhooC 4�1 -8 4; ^B i� 1 2 0 V -0 -;6 = c t 1 Li 0 ru 3: z t 83 ii , * St • *DATA kUP.M.0 RON WAIL-SUORLORG 20 on Ir Zr- f Ufa oj t CEC-N A-1 t.1 311 Neighbortwod M X :2 Z ti t R atl El F4 N." Lp UA Ne,,ghtkorftood cx 40 lz� Ol EO Walking Minutes X0-5 TO -10 0-15 11 *TOTRI C.Gii if aEltO AM) TYPE i) 20-2017 — 1 E u. 0 4t Soo Neighborhood 201 M 2 41 Z ZO -t Z La ix s5 8 y tax tT3 14 0 :5 4A t.0 0 en to > 3 C 11 *PDT I CRIME 2015-2017 SO 60 ib C .2 40 20 15.5 9 Neighborhood _� 21 ? 0 yi U6 2 U U 0 Z" • PARK ACREAGE *ACRES P:s,"R PARI DATA REUIEVED PROM PE"PARTAN'T Of FADS AND RECREATION 40 30 20 io 0 mmm.. ..� >1 IL ' E 2t, 44W 43 7= > 74 ul = tx UJ cx & • 0 A Au LA 40 it -3: >1 IL ' E 2t, 44W 43 7= > 74 ul = tx UJ cx & • Neighborhood qw ISOK SOK 16,381 r --------------- son-so 431� a a CL Q. 06 OL , CL 'r, a m a CL v w c c 4A V, ck • HIGH SCHOOL GRADUATION *NUMBLES WA off 2uiY t'.uMiRuiENSIVE C01MOPY RUM 0 16 80 82.10 60 40 20 01111111111111111111 lw 0 o It '10 1. 1 - t = i 1 0: 2 2 2 E �11 i '. 0 au u y Q > 41 E r 0 c- c z x Lu CL 0 0. Neighborhood • figh School Grads by A 11 AT 9TIAly ILIJ kIVAp V fAUM k F " VI I I U11 Up I tv In • Belmont • Loudon - Melrose • Shenandoah West • Washington Park • Kenwood • Morningside • Riverdale • Fallon • Harrison • Hurt Park • Mountain View • Gilmer • West End i5: ming Airport a Cherry Hill • South Washington Heights ■ Villa Heights Peachtree /Norwood • Edgewood- Summit Hills Melrose -Rugby Preston Park Old Southwest Ridgewood Park Williamson Road Gainsboro Hollins Roundhill a Wilmont C7 Downtown Fairland Eastgate Garden City Miller Court /Arrowood Monterey South Jefferson • Westview Terrace • Mecca Gardens • Franklin - Colonial • Norwich Am .s: O • Washington Heights • Riverland/Walnut Hills • Southern Hills • Greater Deyerle • Wildwood • Raleigh Court • Grandin Court • South Roanoke • Wasena S: g �I • Performs well in: • Education • New Businesses • Real Estate Performance Scores lower in: • Transportation • Total Crime (Part I Violent +Property) Code Violations 9 AI � � f IIR Sig III k fl 1 8) • Performs well in: • Total Crime Rates (Violent +Property) • Code Violations • Education ■ Scores lower in: • New Businesses • Recreation Opportunities • Walkability /Transportation I ' I Ik"Tok i1i I ' • Performs fairly well in: - Code enforcement • Owner - occupied rates ■ Scores low in: • Type I- Violent Crime • Vacancy Rates • Education (High School Graduation 2016 + Bachelors Degrees 2016) "A 4 v n • Performs most highly in: • Transportation • Walkability • Performs lesser in: • Total Crime • Code violations • Education • Vacancy Rate 11 i I i Oft I*iBI 1) f • Education • Most significant • Strong significance: • Renter Occupancy • Type I (Violent) Crime • Vacancy Rates .d I 1 Many thanks to all the incredible city staff and community members who assisted on this project, including, but not limited to: Bob Cowell, Brian Townsend, Sherman Stovall, Aisha Johnson, Paul Workman, Amelia Merchant, Susan Lower, Chris Chittum, Wayne Leftwich, Katharine Gray, Dr. Elizabeth Ackley, Police Chief Tim Jones, Fire Chief David Hoback, Aaron Boush, Catherine Boush, Bob Clement, Alisha Wilson, Brenda Young, Emma Coole, Carol Farley, Wanda McGill, Whitney Slightham, Melinda Mayo, and Kennie Harris THANKS! CJ � IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2018. No. 41209 - 082018. A RESOLUTION amending the Reserve and Debt Management Policies of the City of Roanoke. WHEREAS, on November 1, 2010, Council, by the adoption of Resolution No. 39000- 110110, approved and adopted Reserve and Debt Management Policies of the City; WHEREAS, on January 3, 2012, Council, by the adoption of Resolution No. 39290- 010312, amending the Reserve and Debt Management Policies to conform to the Governmental Accounting Standards Board Statement No. 54; WHEREAS, on November 18, 2013, Council, by the adoption of Resolution No. 39807- 111813, amending the Reserve and Debt Management Policies to simplify funding priorities and set realistic reserve funding targets; WHEREAS, after review of the current Reserve and Debt Management Polices by the City's financial advisory firm, Davenport and Company, Inc., changes were recommended to better position the City of Roanoke to maintain its current credit ratings and establish realistic reserve funding targets; and WHEREAS, Council desires to amend the Reserve and Debt Management Policies of the City as set forth in the report of the Director of Finance dated August 20, 2018. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Reserve and Debt Management Policies of the City of Roanoke, originally adopted by Council on November 1, 2010, and as amended on January 3, 2012, and November 18, 2013, are hereby amended to maintain its current credit ratings and establish realistic reserve funding targets, all as more fully set forth in the Director of Finance's City Council Agenda Report dated August 20, 2018. ATTEST: Debt Management Policy amend 2018.doc City ; r CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 20, 2018 Subject: Revision of Reserve Policies Background: The Reserve Policies were adopted on November 1, 2010 and amended in both January of 2012 and November of 2013. The City's financial advisory firm, Davenport, Inc. has recommended several changes to the Reserve Policies to better position the City of Roanoke to maintain its current excellent credit ratings and set realistic reserve funding targets. City Council was briefed regarding the recommended changes on March 5, 2018, July 16, 2018 and August 6, 2018. Considerations: The following revisions to the Reserve Policies are recommended: • Increase the target for the Unassigned Fund Balance from 10% to 12% of expenditures • Combine the Economic and Community Development Reserve, the Risk Reserve and the Economic Downturn Reserve into a single Stabilization Reserve with a target of 3% of expenditures • Establish funding goals with target dates as attached to this report Recommended Action: City Council adopt the accompanying resolution to amend the Reserve Policies, dated August 20, 2018, attached to this report. F,-k Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Reserve Policies Unassigned General Fund Reserve • Reserve Floor — Roanoke will target an unreserved, "Unassigned General Fund Reserve" equal to a minimum of 12% of General Fund Expenditures. This level of reserves is intended to provide the City with sufficient working capital and margin of financial safety to address unforeseen, one -time expenditure emergencies or significant unforeseen declines in revenues in a specific fiscal year, for which there is no other current budgetary resource available, or other categories of fund balance available to satisfy the funding needed. The Unassigned General Fund Reserve will be reported in the Unassigned category on the City's Governmental Funds Balance Sheet in the General Fund. • Reserve Funding Source — The Unassigned General Fund Reserve" will be maintained through the provision of funding from a budgeted reserve contribution as well as residual revenue in excess of budget, both as necessary, to maintain the designated Reserve Floor. • Reserve Drawdown — Drawdown of the Unassigned General Fund Reserve shall occur only by authorization of City Council. Funds may only be used for the purposes described above, which cannot be covered from contingencies or other sources. The Unassigned General Fund Reserve may not be used for balancing the annual budget due to recurring declines in revenue sources or recurring expenditure increases. • Reserve Replenishment — In the event the Unassigned General Fund Reserve is used, it will be restored to its minimum level within three fiscal years. The Director of Finance will submit a plan in writing to City Council that will restore the Unassigned General Fund Reserve as noted above. Stabilization Reserve • Roanoke will target a "Stabilization Reserve" equal to a minimum of 3% of General Fund Expenditures. The Stabilization Reserve will be reported in the Unassigned category on the City's Governmental Fund Balance Sheet in the General Fund. This reserve is intended for specific purposes: • Coverage for an economic downturn to smooth the financial operations in the event of a recessionary decline in which revenues decline by more than 1.5% of the current year estimate. • Coverage for risk exposure that the City has due to its self- insurance program and unanticipated risk management expenses. The City is currently self- insured for Health, Workers' Compensation, General Liability, and Automobile claims. • Investments related to Economic and Community Development projects which may provide future growth opportunities and expansion of the tax base in Roanoke. Examples of qualifying uses include, but are not limited to, the purchase of property for economic development, economic development incentives and development of infrastructure to support other economic and /or community development projects. • Reserve Funding Sources —The "Stabilization Reserve" will be maintained through the provision of funding from: o Revenue in excess of budget, as necessary, to maintain and exceed the 3% Reserve Floor o Excess debt service funding as recommended by the City Manager and approved by City Council • Interest earnings of the Capital Projects Fund • Proceeds from the sale of surplus general government real property • Reserve Drawdown — Drawdown of the "Stabilization Reserve" balance above the 3% floor shall occur only by authorization of City Council and will be limited to the purposes noted above. The Stabilization Reserve may not be used for balancing the annual budget due to recurring declines in revenue sources or recurring expenditure increases. • Reserve Replenishment — In the event the Stabilization Reserve is used, it will be restored to its minimum level within three fiscal years. The Director of Finance will submit a plan in writing to City Council that will restore the Stabilization Reserve as noted above. Reserve Funding Plan In order to meet the desired reserve levels, the City will concurrently fund the Unassigned General Fund Reserve at the designated 12% level and the Stabilization Reserve as noted below: By Year -End FY 2019: o Fund the Unassigned General Fund Reserve at a minimum of 11% of General Fund Expenditures o Fund the Budget Stabilization Reserve to a level of a minimum of 1/2% General Fund Expenditures By Year -End FY 2020: • Fund the Unassigned General Fund Reserve at a minimum of 111/2% of General Fund Expenditures • Fund the Budget Stabilization Reserve to a level of a minimum of 1% of General Fund Expenditures By Year -End FY 2021: • Fund the Unassigned General Fund Reserve at a minimum of 12% of General Fund Expenditures • Fund the Budget Stabilization Reserve to a level of a minimum of 11/2% of General Fund Expenditures By Year -End FY 2022: o Maintain the Unassigned General Fund Reserve at a minimum of 12% of General Fund Expenditures o Fund the Budget Stabilization Reserve to a level of a minimum of 2% of General Fund Expenditures By Year -End FY 2023: o Maintain the Unassigned General Fund Reserve at a minimum of 12% of General Fund Expenditures o Fund the Budget Stabilization Reserve to a level of a minimum of 3% of General Fund Expenditures These Reserve Policies will be reviewed by City staff and the City's Financial Advisor every three years. Recommendations for revisions to the policies will be presented to City Council for consideration. City of Roanoke, Virginia Reserve and Debt Management Policies November 1, 2010 (Resolution No.39000- 110110) Revised January 3, 2012 (Resolution No. 39290 - 010312) Revised November 18, 2013 (Resolution No. 39807 - 111813) Revised August 20, 2018 (Resolution No. 41209 - 082018) Table of Contents Goalsand Objectives ................................ ............................... 2 ReservePolicies ...................................... ............................... 3 Debt Management Policies ......................... ............................... 5 Glossary................................................... .............................12 The City of Roanoke Reserve and Debt Management Policies Goals and Objectives These policies are designed to help protect the City's financial resources necessary to meet short -term and long -term operating and capital needs by: • Promoting sound financial management; • Protecting and maintaining the City's credit ratings; • Ensuring the legal and prudent use of the City's debt issuance authority; and • Guiding the City and its managers in policy and debt issuance decisions. While adherence to this policy is expected in applicable circumstances, the City understands that changes in the capital markets, City programs, or other unforeseen circumstances may from time to time produce situations that are not covered by this policy and will require modifications or exceptions to achieve the policy goals. In these cases, the City's management may act, provided specific authorization from the Director of Finance or City Council is obtained. Failure to comply in any manner with this policy shall not result in any liability on the part of the City to any party. This policy was adopted by City Council on November 1, 2010 with the adoption of Resolution No. 39000 - 110110, and revised on January 3, 2012 (Resolution No. 39290- 010312), November 18, 2013 (Resolution No. 39807 - 111813), and August 20, 2018 (Resolution No. 41209 - 082018). These policies will be reviewed at least every three years by the Director of Finance. The City of Roanoke Reserve and Debt Management Policies 2 Reserve Policies Unassigned General Fund Reserve • Reserve Floor— Roanoke will target an unreserved, Unassigned General Fund Reserve equal to a minimum of 12% of General Fund Expenditures. This level of reserves is intended to provide the City with sufficient working capital and margin of financial safety to address unforeseen, one -time expenditure emergencies or significant unforeseen declines in revenues in a specific fiscal year, for which there is no other current budgetary resource available, or other categories of fund balance available to satisfy the funding needed. The Unassigned General Fund Reserve will be reported in the Unassigned category on the City's Governmental Funds Balance Sheet in the General Fund. • Reserve Funding Sources – The Unassigned General Fund Reserve will be maintained through the provision of funding from a budgeted reserve contribution as well as residual revenue in excess of budget, both as necessary, to maintain the designated Reserve Floor. Reserve Drawdown— Drawdown of the Unassigned General Fund Reserve shall occur only by authorization of City Council. Funds may only be used for the purposes described above, which cannot be covered from contingencies or other sources. The Unassigned General Fund Reserve may not be used for balancing the annual budget due to recurring declines in revenue sources or recurring expenditure increases. • Reserve Replenishment —In the event the Unassigned General Fund Reserve is used, it will be restored to its minimum level within three fiscal years. The Director of Finance will submit a plan in writing to City Council that will restore the Unassigned General Fund Reserve as noted above. Stabilization Reserve • Reserve Floor— Roanoke will target a Stabilization Reserve equal to a minimum of 3% of General Fund Expenditures. The Stabilization Reserve will be reported in the Unassigned category on the City's Governmental Fund Balance Sheet in the General Fund. This reserve is intended for specific purposes: • Coverage for an economic downturn to smooth the financial operations in the event of a recessionary decline in which revenues decline by more than 1.5% of the current year estimate. • Coverage for risk exposure that the City has due to its self- insurance program and unanticipated risk management expenses. The City is currently self- insured for Health, Workers' Compensation, General Liability, and Automobile claims. The City of Roanoke Reserve and Debt Management Policies 3 Investments related to Economic and Community Development projects which may provide future growth opportunities and expansion of the tax base in Roanoke. Examples of qualifying uses include, but are not limited to, the purchase of property for economic development, economic development incentives and development of infrastructure to support other economic and /or community development projects. Reserve Funding Sources —The Stabilization Reserve will be maintained through the provision of funding from: • Revenue in excess of budget, as necessary, to maintain and exceed the 3% Reserve Floor • Excess debt service funding as recommended by the City Manager and approved by City Council • Interest earnings of the Capital Projects Fund • Proceeds from the sale of surplus general government real property • Reserve Drawdown— Drawdown of the "Stabilization Reserve" balance below the 3% floor shall occur only by authorization of City Council and will be limited to the purposes noted above. The Stabilization Reserve may not be used for balancing the annual budget due to recurring declines in revenue sources or recurring expenditure increases. Reserve Replenishment— In the event the Stabilization Reserve is used, it will be restored to its minimum level within three fiscal years. The Director of Finance will submit a plan in writing to City Council that will restore the Stabilization Reserve as noted above. Reserve Funding Plan In order to meet the desired reserve levels, the City will concurrently fund the Unassigned General Fund Reserve at the designated 12% level and the Stabilization Reserve at the 3% level as noted below: By Year -End FY 2019: • Fund the Unassigned General Fund Reserve at a minimum of 11 % of General Fund Expenditures • Fund the Budget Stabilization Reserve to a level of a minimum of 1/2% General Fund Expenditures By Year -End FY 2020: • Fund the Unassigned General Fund Reserve at a minimum of 11 1/2% of General Fund Expenditures The City of Roanoke Reserve and Debt Management Policies 4 • Fund the Budget Stabilization Reserve to a level of a minimum of 1 % of General Fund Expenditures By Year -End FY 2021: • Fund the Unassigned General Fund Reserve at a minimum of 12% of General Fund Expenditures • Fund the Budget Stabilization Reserve to a level of a minimum of 1 1/2% of General Fund Expenditures By Year -End FY 2022: • Maintain the Unassigned General Fund Reserve at a minimum of 12% of General Fund Expenditures • Fund the Budget Stabilization Reserve to a level of a minimum of 2% of General Fund Expenditures By Year -End FY 2023: • Maintain the Unassigned General Fund Reserve at a minimum of 12% of General Fund Expenditures • Fund the Budget Stabilization Reserve to a level of a minimum of 3% of General Fund Expenditures These Reserve Policies will be reviewed by City staff and the City's Financial Advisor every three years. Recommendations for revisions to the policies will be presented to City Council for consideration. Debt Management Policy Introduction One of the keys to sound financial management is the development of a debt policy. This need is recognized by bond rating agencies as well as the capital markets, and development of a debt policy is a recommended practice by the Government Finance Officers Association. A debt policy establishes the parameters for issuing debt and managing the debt portfolio. It provides guidance to the administration regarding purposes for which debt may be issued, types and amounts of permissible debt and method of sale that may be used. The following debt policy is intended to demonstrate a commitment to long -term financial planning. It will be used in conjunction with the Capital Improvement Programs for both the City and School Board. Adherence to this policy will help assure maintenance of the City's double -A credit ratings. Guidelines for Debt Issuance • The City will prepare and update annually a five -year Capital improvement Program (CIP) to be approved by City Council. The CIP will be developed with The City of Roanoke Reserve and Debt Management Policies 5 an analysis of the City's infrastructure and other capital needs, and the financial impact of the debt service required to meet the recommended financing plan. The City will strive to fund at least 10% of the C1 projects' aggregate cost on a cash basis. • As part of the annual Capital Improvement Program, the Schools shall furnish the City a schedule of funding needs for any school projects for which the issuance of long -term debt is planned. • Each project proposed for financing through debt issuance will have an analysis performed for review of tax impact and future operating costs associated with the project and related debt issuance costs. • All proceeds from debt issuance for the City of Roanoke and the City of Roanoke School Board shall be appropriated by City Council. • Proceeds from the issuance of debt shall be monitored by the investment custodian with regard to arbitrage. Compliance with all applicable federal tax requirements shall be made. The City will coordinate with its investment managers with regard to expected project funds payout so as to maximize investment earnings in light of federal arbitrage requirements. See the City's Post Issuance Compliance Procedures Manual for further details. Long -term debt will be issued to purchase or construct capital improvements or equipment with a minimum expected life of five years. The City will not use long- term borrowing to finance annual operating needs. The term of any bond issue will not exceed the useful life of the capital project /facility or equipment for which the borrowing is intended. • The City will attempt to avoid short-term debt to provide cash flow for annual operations. Debt issued for operating purposes will be limited to cases where there is reasonable certainty that a known source of revenue will be received in the current fiscal year sufficient to repay the debt or where there is a clear financial emergency. • The City will comply with all applicable U.S. Internal Revenue Service and U.S. Treasury arbitrage requirements for bonded indebtedness in order to preserve the tax - exempt status of such bonds. See the City's Post Issuance Compliance Procedures Manual for further details. Bond issues should be planned to minimize the frequency of issuance, thereby ensuring the lowest possible costs of issuance. When determining the size of a bond issue, consideration should be given to the need for construction, debt service and capitalized interest funds. Construction fund draw schedules shall be prepared, and projection of conservative earning on unspent bond funds The City of Roanoke Reserve and Debt Management Policies 6 should be made in conjunction with planning of the City's Capital Improvement Program. • The decision to use bond proceeds to pay interest during construction for revenue - producing projects shall be made on a case by case basis and shall be based on an evaluation of the opportunity cost of funds and the availability of other sources of funds to pay interest costs. • General obligation bonds will be amortized on a level principal basis to the extent practical, and revenue bonds will be amortized on a level debt service basis to the extent practical considering the forecasted available pledged revenues. The City shall not endorse the obligation of any entity other than the City of Roanoke or Roanoke School Board. However, the City may enter into contracts with other regional or local public entities with respect to public purpose projects, which provide for certain payments when project or entity revenues prove insufficient to cover debt service on obligation issued to finance such project(s). The City will enter into these type agreements only when there is long -term public and financial interest in the regional or local project. The obligation could be structured as Moral Obligation Bonds, or with an underlying support agreement or other contractual arrangement. These obligations do not affect the legal debt limit of the City and any payments are subject to annual appropriation. However, if such payments were made, the obligations would be considered tax - supported debt. • The City's preferred method of sale of bonds is via competitive sale to underwriters. If deemed advantageous, the City may sell bonds via a negotiated sale, private placement, or other method. Coordination will be made with the City's financial advisor in arriving at a recommendation to issue bonds through a method other than competitive sale. Underwriter Selection • Senior Manager Selection —The City shall select a senior manager for any proposed negotiated sale. The financial advisor for the City should not be the senior manager on a negotiated sale. The selection criteria shall include, but not be limited to, the following: • Ability and experience in managing transactions similar to that contemplated by the City; • Prior knowledge and experience with the City; • Ability and willingness to risk capital and demonstration of such risk and capital availability; • Quality and experience of personnel assigned to the City's engagement; • Financing plan; and • Underwriting fees. The City of Roanoke Reserve and Debt Management Policies 7 Co- Manager Selection —Co- managers may be selected on the same basis as the senior manager. The financial advisor for the City should not be a co- manager on a negotiated sale. In addition to their qualifications, co- managers appointed to specific transactions will be a function of transaction size and the necessity to ensure maximum distribution of the City's bonds. • Underwriter's Counsel —In any negotiated sale of City debt in which legal counsel is required to represent the underwriter, the appointment will be made by the Senior Manager with final approval from the City. • Underwriter's Discount —The City will evaluate the proposed underwriter's discount against comparable issues in the market. If there are multiple underwriters in the transaction, the City will determine the allocation of underwriting liability and management fees, if any. The allocation of fees will be determined prior to the sale date; a cap on management fees, expenses and underwriter's counsel fee will be established and communicated to all parties by the City. The senior manager shall submit an itemized list of expenses charged to members of the underwriting group. Any additional expenses must be substantiated. • Evaluation of Underwriter Performance —In conjunction with its financial advisor, the City will evaluate each bond sale after completion to assess the following: costs of issuance including underwriters' compensation, pricing of the bonds in terms of the overall interest cost and on a maturity -by- maturity basis, and the distribution of bonds and sales credits. • Designation Policies —To encourage the pre- marketing efforts of each member of the underwriting team, orders for the City's bonds will be net designated, unless otherwise expressly'stated. The City shall require the senior manager to: • Fairly allocate bonds to other managers and the selling group; • Comply with Municipal Securities Rulemaking Board (MSRB) regulations governing the priority of orders and allocations; and • Within 10 working days after the sale date, submit to the City a detail of orders, allocations and other relevant information pertaining to the City's sale. Limitations on Level of Debt to be Issued and Outstanding Constitutional and Statutory Limitations: Article VII, Section 10 of the Constitution of Virginia, the Public Finance Act and the City Charter established the City's Legal Debt Margin at 10% if the assessed value of real estate within the City shown by the last preceding assessment for taxes. The City of Roanoke Reserve and Debt Management Policies 8 • The Public Finance Act and the City Charter also establish other limits as to the amounts and types of debt the City may issue. Self- Imposed Debt Targets: • Net tax - supported debt as a percentage of the total taxable assessed value in the City (including real, personal property, and public service corporations) will not exceed 4 %. For all of the City's self- imposed debt targets, the City may exclude all or a portion of any bonds or leases that are self- supporting. • Net tax - supported general obligation debt service shall not exceed 10% of General Fund expenditures. • Net tax - supported debt will be structured in a manner such that not less than 60% of the aggregate outstanding tax - supported debt will be retired within ten years. Types of Debt Issuance • The City may issue general obligation debt for capital or other properly approved projects. The School Board may use the Virginia Public School Authority (VPSA), Qualified Zone Academy Bonds (QZAB), Qualified School Construction Bonds (QSCBs), or State Literary Fund loans to finance school capital projects. Such debt issued on behalf of the School Board constitutes general obligation debt of the City. The City Manager and the Director of Finance shall approve any application to the Commonwealth of Virginia for such debt. City Council shall approve the issuance of the bonds as required by the Public Finance Act. The School Board shall approve such financings before requesting City Council approval. The City may issue revenue bonds to fund proprietary activities such as water, water pollution control and stormwater utilities, or for other capital projects that generate adequate revenues from user fees to support operations and debt service requirements. The bonds will include written legal covenants which require that revenue sources are adequate to fund annual operating expenses and annual debt service requirements. Capital leases may be used to purchase buildings, equipment, furniture and fixtures. The term of any capital lease shall not exceed the useful life of the asset leased. Revenue bonds may be issued by the City or other entity that are secured by a City capital lease. The City of Roanoke Reserve and Debt Management Policies 9 • Short -term borrowing maybe utilized for interim financing or for other purposes as described below. The City will determine and utilize the least costly method for short -term borrowing subject to the following policies: • Bond Anticipation Notes (BANs) may be issued for capital related cash purposes to reduce the debt service during the construction period of a project or to provide interim financing for a project. The BANs shall not mature more than 5 years from the date of issuance. • Lines of Credit shall be considered as an alternative to other short-term borrowing options. • Other Short-Term Debt may be used when such instruments provide an interest rate advantage or as interim financing. • Lease financing and master lease obligations, including lease revenue bonds, may be considered as alternative financing structures. • Recognizing both the historical interest rate savings and the risks associated with variable rate debt, the City will limit variable rate debt exposure to approximately twenty percent (20 %) of total outstanding debt. Debt service on variable rate bonds will be budgeted at a conservative rate. Prior to issuing variable rate debt, the City will develop a plan to mitigate the associated risks. • A derivatives policy will be approved before any use of a derivative product. Refunding of Debt The City will refund debt when it is in the best financial interest of the City to do so. Debt Service Savings —When a refunding is undertaken to generate interest rate cost savings, the minimum aggregate present value savings will be 3% of the refunded bond principal amount. The present value savings will be net of all costs related to the financing. If present value savings is less than 3 %, the City may consider the refunding efficiency as measured by option value. If the refunding efficiency of a refunding candidate exceeds 70% (on a maturity -by- maturity basis) and present value savings is less that 3 %, the City may opt to increase the universe of refunded bonds. • Restructuring — Refundings for restructuring purposes will be limited to restructuring to alleviate debt service during difficult budgetary years, achieve cash flow savings, mitigate irregular debt service payments, release reserve funds or remove unduly restrictive bond covenants. • Term of Refunding Issues —The City will refund bonds within the term of the originally issued debt. However, the City may consider maturity extension, when necessary to achieve a desired outcome, provided that such extension is legally permissible. The City also may consider shortening the term of the originally The City of Roanoke Reserve and Debt Management Policies 10 issued debt to realize greater savings. The remaining useful life of the financed facility and the concept of inter - generational equity should guide this decision. Escrow Structuring —The City shall utilize the least costly securities available in structuring refunding escrows. If open market securities are used, a certificate will be provided by a third party agent stating that the securities were procured through an arms - length, competitive bid process that was consistent with the Federal guidelines established for the procurement of investments for escrows, and that the price paid for the securities was reasonable. Under no circumstances shall an agent or financial advisor sell escrow securities to the City from its own account. • Arbitrage —The City shall take all necessary steps to optimize escrows and to avoid negative arbitrage in its refundings. Any resulting positive arbitrage will be rebated as necessary according to Federal guidelines. See the City's Post Issuance Compliance Procedures Manual for further details. Investor Relations, Disclosure and Communication The debt ratios outlined above will be computed annually and reported in the Comprehensive Annual Financial Report, along with a computation of net tax - supported debt per capita. • The City will maintain communication with bond rating agencies to keep them abreast of its financial condition by providing them the City's Comprehensive Annual Financial Report, Annual budget, and Capital Improvement Program. • The City will comply with all of its undertakings in accordance with Securities and Exchange Commission Rule 15c2 -21. See the City's Post Issuance Compliance Procedures Manual for further details. Debt Service Fund Balance • The fund balance of the Debt Service Fund shall be reserved for the future payment of annual principal and interest payments, which includes general obligation bonds of the City, including school debt. The City of Roanoke Reserve and Debt Management Policies 11 Glossary Advance Refunding. A refinancing transaction in which new (refunding) bonds are issued to repay (refund) outstanding bonds more than 90 days prior to the first call date. The proceeds of the refunding bonds are deposited in an escrow account, invested in government securities, and used to pay debt service (interest, principal and premium, if any) on the refunded bonds through the applicable call date. For accounting purposes, refunding obligations are not considered a part of an issuer's debt. Arbitrage. The difference between the interest paid on the tax - exempt securities and the interest earned by investing the security proceeds in higher - yielding taxable securities. IRS regulations govern arbitrage on the proceeds from issuance of municipal securities. Bond Anticipation Notes (BANs). Notes that are issued to provide interim financing during project construction and are paid from the proceeds of the issuance of long -term bonds. Typically issued for capital projects. Call Provisions. The terms of the bond giving the issuer the right to redeem all or a portion of a bond prior to its stated date of maturity at a specific price, usually at or above par. Capitalized Interest. A portion of the proceeds of a bond issue which is set aside to pay interest on the same bond issue for a specific period of time. Interest is commonly capitalized for the construction period of the project. Capital Lease. A lease obligation that has met the criteria to be categorized as a capital lease as opposed to an operating lease under generally accepted accounting principles. Competitive Sale. A method of sale where underwriters submit proposals for the purchase of a new issue of municipal securities and the securities are awarded to the underwriter or underwriting syndicate presenting the best bid according to stipulated criteria set forth in the notice of sale. Continuing Disclosure. Disclosure of financial information deemed to be material with respect to the issuer's ability to repay the principal and interest of a public offered obligation. See the City's Post Issuance Compliance Procedures Manual for further details. Debt. Any obligations of the City for the payment of money issued pursuant to the Public Finance Act of Virginia. Derivative. A product, whose value is derived from an underlying security, structured to deliver varying benefits to different market segments and participants. The term The City of Roanoke Reserve and Debt Management Policies 12 encompasses a wide range of products offered in the marketplace including interest rate swaps, caps, floors and other synthetic variable rate products. Designation Policies. During a negotiated sale, the policy for how investor orders are filled when a maturity is oversubscribed (i.e., when investor demand exceeds bonds available for sale). There are three primary classifications of orders which form the designation policy: Group Net orders; Net Designated orders and Member orders. Escrow. A fund established to hold moneys pledged and to be used to pay debt service on an outstanding issue in a refunding. General Obligations. Bonds issued by the City secured by the City's pledge of its full faith and credit and unlimited taxing power. Group Net Orders. An order at the initial offering price. A group net order benefits all underwriting group according to their percentage participation in the account. Intergenerational Equity. Equity or fairness principal that those that benefit from a capital improvement should pay for it. Legal Debt Margin. The amount of federal obligation bonds and certain other interest bearing obligations (other than revenue bonds) that the City may have outstanding expressed as a percentage of the assessed value of real estate in the City as shown on the last preceding assessment for taxes. Member Order. An order submitted by a member of the underwriting group. Negotiated Sale. A method of sale in which the issuer chooses one underwriter to negotiate terms pursuant to which such underwriter will purchase and market the bonds. Net Designated Order. An order submitted by an underwriting team member on behalf of an investor on which all or a portion of the underwriting fee is to be credited to certain members of the underwriting team. The investor directs the percentage of the total designation each member will receive. Option Value. Option valuation is a methodology for evaluating the efficiency of a refunding. Option valuation calculates the maximum theoretical value of refunding a bond, then expresses the current refunding savings as a percentage of the maximum theoretical savings. Present Value. The current value of a future cash flow. Private Placement. The original placement of an issue with one or more investors as opposed to being publicly offered or sold. The City of Roanoke Reserve and Debt Management Policies 13 Rebate. A requirement imposed by Tax Reform Act of 1986 whereby the issuer of tax - exempt bonds must pay the IRS an amount equal to its profit earned from investment of tax - exempt bond proceeds at rates exceeding the tax - exempt borrowing rate. The tax - exempt borrowing rate (or "bond yield ") is calculated pursuant to the IRS code together with all income earned on the accumulated profit pending payment. Refunding. A transaction in which the City refinances an outstanding issue by issuing new (refunding) bonds and using the proceeds to immediately retire the old (refunded) bonds. Revenue Bonds. Bonds issued by the City secured by a specific revenue pledge of rates, rents or fees. Tax - Supported Debt. Debt that is expected to be repaid from the general fund tax revenues of the City. This includes general obligation bonds, appropriation- supported bonds, capital leases and in certain circumstances moral obligation bonds. For the purpose of this Debt Policy, net tax - supported debt includes general obligation debt for the City and School Board, certain bonded capital leases, and any moral obligation bonds for which the City has deposited funds to a debt service reserve fund as requested to replenish such reserve fund. Underwriter. A dealer that purchases new issues of municipal securities from the Issuer and resells them to investors. Underwriter's Discount. The difference between the price at which bonds are bought by the Underwriter from the Issuer and the price at which they are reoffered to investors. Variable Rate. An interest rate, sometimes referred to as a "floating rate," on a security that changes at intervals according to market conditions or a predetermined index or formula. The City of Roanoke Reserve and Debt Management Policies 14 City of Roanoke, Virginia Reserve and Debt Management Policies ,November 1, 2010 (Resolution No.39000- 110110) Formatted: Font: Apt Revised Revised January 3, 2012 (Resolution No. 39290 - 010312) Revised November 18, 2013 (Resolution No. 39807 - 111813) Revised August 20, 2018 (Resolution No. 41209 - 082018) Table of Contents Goals and Objectives ................................ ............................... 2 Reserve Policies ...................................... ............................... 3 Debt Management Policies ......................... ............................... 9-7 Glossary..................... ............................... ............................163 The City of Roanoke Reserve and Debt Management Policies Goals and Objectives These policies are designed to help protect the City's financial resources necessary to meet short -term and long -term operating and capital needs by: • Promoting sound financial management; • Protecting and maintaining the City's credit ratings; • Ensuring the legal and prudent use of the City's debt issuance authority; and • Guiding the City and its managers in policy and debt issuance decisions. While adherence to this policy is expected in applicable circumstances, the City understands that changes in the capital markets, City programs, or other unforeseen circumstances may from time to time produce situations that are not covered by this policy and will require modifications or exceptions to achieve the policy goals. In these cases, the City's management may act, provided specific authorization from the Director of Finance or City Council is obtained. Failure to comply in any manner with this policy shall not result in any liability on the part of the City to any party. This policy was eratay adopted by City Council on November 1, 2010 with the adoption of Resolution No. 39000 - 110110, and revised on January 3, 2012 (Resolution No. 39290 - 010312), November 18. 2013 (Resolution No. — 39807 - 111813), and August 20, 2018 (Resolution No, 41209 - 082018). and - the - rnest Formatted: Font: 11 Pt These policies will be reviewed at least every threetwe Formatted: Font: 12 Pt, Not Bold years by the Director of Finance. The City of Roanoke Reserve and Debt Management Policies 2 Reserve Policies Unassigned General Fund Reserve Reserve Floor— Roanoke will target an unreserved, Unassigned General Fund Reserve, equal to a minimum of 12% of General Fund Expenditures. This level of reserves is intended to provide the City with sufficient working capital and margin of financial safety to address unforeseen, one -time expenditure emergencies or significant unforeseen declines in revenues in a specific fiscal year, for which there is no other current budgetary resource available, or other categories of fund balance available to satisfy the funding needed. The Unassigned General Fund Reserve will be reported in the Unassigned category on the City's Governmental Funds Balance Sheet in the General Fund.The "Unassigned Genera' Fu 0 of General Fund €xpenditums. As of FY201`� the my City isInGvFnplianGe with the Comm funding 'eye! ef this Fesewe. This level ef Fesewes is intended te PFGVide the Gity satisfy +�,, the funding needed. The Unassigned General Fund Reserve wee Sheet in the GeReFal Fund • Reserve Funding Sources- The Unassigned General Fund Reserve will be maintained through the provision of funding from a budgeted reserve contribution as well as residual revenue in excess of budget, both as necessary, to maintain the designated Reserve Floor. _ - -- -------- - - - - -- --- --- - -- Reserve Drawdown— Drawdown of thg Unassigned General Fund Reserve shall occur only by authorization of City Council. Funds may only be used for the purposes described above, which cannot be covered from contingencies or other sources. The Unassigned General Fund Reserve may not be used for balancing the annual budget due to recurring declines in revenue sources or recurring expenditure increases. shall OGGUF only by authorization of Gity Geuneffil. Funds may only be used feF the the annual budget due te FeGUFFiRg deGlines in revenue SOUFGes E) a•+, , Reserve Replenishment —In the event the Unassigned General Fund Reserve is used, it will be restored to its minimum level within three fiscal years. The Director of Finance will submit a plan in writing to City Council that will restore the Unassigned General Fund Reserve as noted abovete its minimum level within The City of Roanoke Reserve and Debt Management Policies _j Formatted: Font: (Default) Arial -- Formatted: Font: (Default) Arial - Formatted: Font: (Default) Anal Formatted: Font: Not Bold Formatted: Indent: Left: 0.5 ", No bullets or numbering Formatted: Font: (Default) Arial Stabilization ReserveRnsk nnanac ernent Reserve • Reserve Floor— Roanoke will target a Stabilization Reserve equal to a --------- -- minimum of 3% of General Fund Expenditures. The Stabilization Reserve will be reported in the Unassigned category on the City's Governmental Fund Balance Sheet in the General Fund. This reserve is intended for specific purposes: • Coverage for an economic downturn to smooth the financial operations in the event of a recessionary decline in which revenues decline by more than 1.5% of the current year estimate. • Coverage for risk exposure that the City has due to its self- insurance program and unanticipated risk management expenses. The City is currently self- insured for Health, Workers' Compensation, General Liability, and Automobile claims. • Investments related to Economic and Community Development projects which may provide future growth opportunities and expansion of the tax base in Roanoke. Examples of qualifying uses include, but are not limited to, the purchase of property for economic development, economic development incentives and development of infrastructure to support other economic and /or community development projects. The City will maintain a Risk Management Reselve te eeYeF serne of the risk expeswe Health WerkeFG' Gempensatien, General Liability, and Automobile Glairn he Risk Management ReserveWill Femain in the Risk Management Fund, an iRtefflal seFViGe fund of the Gity, as fURd balan.Ge. Formatted: Font: (Default) Anal Formatted: Indent: Left: 0.25 ", Hanging: 0.31' • Reserve Funding SourcesFleeF —The Stabilization Reserve will be maintained through the provision of funding from:rn'n*rnum funding level for the Risk Management Rese • Revenue in excess of bud-get, as necessary, to maintain and exceed the Formatted: front: (Default) Arial 3% Reserve Floor Formatted • Excess debt service funding as recommended by the City Manager and approved by City Council • Interest earnings of the Capital Projects Fund • Proceeds from the sale of surplus general government real property 6 26 of the tL Fee yeaF of self _'n red Glaims cestc * plus 0 The City of Roanoke Reserve and Debt Management Policies Reserve Drawdown — Drawdown of the "Stabilization Reserve" balance below. the 3% floor shall occur only by authorization of City Council and will be limited to the purposes noted above. The Stabilization Reserve may not be used for balancing the annual budget due to recurring declines in revenue sources or recurring expenditure increases. 1, - - -- -- - ---------- - - - - - - ------------------- -- ----- ---------------------------------------- -- • Reserve Replenishment —. In the event the Stabilization Reserve is used, it will be restored to its minimum level within three fiscal years. The Director of Finance will submit a plan in writing to City Council that will restore the Stabilization Reserve as noted above. MOW WOW Wil The City of Roanoke Reserve and Debt Management Policies Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: Not Bold Formatted: Indent: Left: 0.5 ", No bullets or numbering Formatted: Font: (Default) Arial - --- — Formatted: Don't add space between paragraphs of the same style, Line spacing: Multiple 1.08 li, Bulleted + Level: 1 + Aligned at: 0.25' + Indent at: 0.5" Formatted: Indent: Left: 0.5 ", No bullets or numbering Formatted: Indent: Left: 0 ", First line: 0" •w ■. �. • �. MOW WOW Wil The City of Roanoke Reserve and Debt Management Policies Formatted: Font: (Default) Arial Formatted: Font: (Default) Arial Formatted: Font: Not Bold Formatted: Indent: Left: 0.5 ", No bullets or numbering Formatted: Font: (Default) Arial - --- — Formatted: Don't add space between paragraphs of the same style, Line spacing: Multiple 1.08 li, Bulleted + Level: 1 + Aligned at: 0.25' + Indent at: 0.5" Formatted: Indent: Left: 0.5 ", No bullets or numbering Formatted: Indent: Left: 0 ", First line: 0" W =7' 7", Reserve Funding Plan ,In order to meet the desired reserve levels, the City will concurrently fund the Formacrea: runt: tDefault)Anal Unassigned General Fund Reserve at the designated 12% level and the Stabilization Reserve at the 3% level pas noted below: Formatted: Font: (Default) Anal By Year -End FY 2019: • Fund the Unassigned General Fund Reserve at a minimum of 11 % of t Formatted: Bulleted + Level: 1 + Aligned at: General Fund Expenditures o.s" +Indent at: 0.75" • Fund the Budget Stabilization Reserve to a level of a minimum of 1/2% General Fund Expenditures By Year -End FY 2020: • Fund the Unassigned General Fund Reserve at a minimum of 11 1/2% of General Fund Expenditures • Fund the Budget Stabilization Reserve to a level of a minimum of 1% of General Fund Expenditures By Year -End FY 2021: • Fund the Unassigned General Fund Reserve at a minimum of 12% of General Fund Expenditures • Fund the Budget Stabilization Reserve to a level of a minimum of 1 1/2% of General Fund Expenditures The City of Roanoke Reserve and Debt Management Policies t Formatted: Bulleted + Level: 1 + Aligned at: 0.5" +Indent at: 0.75" • Formatted: Bulleted + Level: 1 + Aligned at: 0.5" + Indent at: 0.75" By Year -End FY 2022: • Maintain the Unassigned General Fund Reserve at a minimum of 12% of General Fund Expenditures • Fund the Budget Stabilization Reserve to a level of a minimum of 2% of General Fund Expenditures By Year -End FY 2023: • Maintain the Unassigned General Fund Reserve at a minimum of 12% of General Fund Expenditures • Fund the Budget Stabilization Reserve to a level of a minimum of 3% of General Fund Expenditures These Reserve Policies will be reviewed by City staff and the City's Financial Advisor every three years. Recommendations for revisions to the policies will be presented to City Council for consideration. .� The City of Roanoke Reserve and Debt Management Policies Formatted: Bulleted + Level: 1 + Aligned at: 0.5"+ Indent at: 0.75" f Formatted: Bulleted + Level: 1 +Aligned at: 0.5" + Indent at: 0.75" The City of Roanoke Reserve and Debt Management Policies Debt Management Policy Introduction One of the keys to sound financial management is the development of a debt policy. This need is recognized by bond rating agencies as well as the capital markets, and development of a debt policy is a recommended practice by the Government Finance Officers Association. A debt policy establishes the parameters for issuing debt and managing the debt portfolio. It provides guidance to the administration regarding purposes for which debt may be issued, types and amounts of permissible debt and method of sale that may be used. The following debt policy is intended to demonstrate a commitment to long -term financial planning. It will be used in conjunction with the Capital Improvement Programs for both the City and School Board. Adherence to this policy will help assure maintenance of the City's double -A credit ratings. Guidelines for Debt Issuance • The City will prepare and update annually a five -year Capital improvement Program (CIP) to be approved by City Council. The CIP will be developed with an analysis of the City's infrastructure and other capital needs, and the financial impact of the debt service required to meet the recommended financing plan. The City will strive to fund at least 10% of the CIP projects' aggregate cost on a cash basis. • As part of the annual Capital Improvement Program, the Schools shall furnish the City a schedule of funding needs for any school projects for which the issuance of long -term debt is planned. • Each project proposed for financing through debt issuance will have an analysis performed for review of tax impact and future operating costs associated with the project and related debt issuance costs. • All proceeds from debt issuance for the City of Roanoke and the City of Roanoke School Board shall be appropriated by City Council. • Proceeds from the issuance of debt shall be monitored by the investment custodian with regard to arbitrage. Compliance with all applicable federal tax requirements shall be made. The City will coordinate with its investment managers with regard to expected project funds payout so as to maximize investment earnings in light of federal arbitrage requirements. See the City's Post Issuance Compliance Procedures Manual for further details. • Long -term debt will be issued to purchase or construct capital improvements or equipment with a minimum expected life of five years. The City will not use long- term borrowing to finance annual operating needs. The term of any bond issue The City of Roanoke Reserve and Debt Management Policies 9 will not exceed the useful life of the capital project /facility or equipment for which the borrowing is intended. • The City will attempt to avoid short -term debt to provide cash flow for annual operations. Debt issued for operating purposes will be limited to cases where there is reasonable certainty that a known source of revenue will be received in the current fiscal year sufficient to repay the debt or where there is a clear financial emergency. • The City will comply with all applicable U.S. Internal Revenue Service and U.S. Treasury arbitrage requirements for bonded indebtedness in order to preserve the tax - exempt status of such bonds. See the City's Post Issuance Compliance Procedures Manual for further details. • Bond issues should be planned to minimize the frequency of issuance, thereby ensuring the lowest possible costs of issuance. When determining the size of a bond issue, consideration should be given to the need for construction, debt service and capitalized interest funds. Construction fund draw schedules shall be prepared, and projection of conservative earning on unspent bond funds should be made in conjunction with planning of the City's Capital Improvement Program. • The decision to use bond proceeds to pay interest during construction for revenue - producing projects shall be made on a case by case basis and shall be based on an evaluation of the opportunity cost of funds and the availability of other sources of funds to pay interest costs. • General obligation bonds will be amortized on a level principal basis to the extent practical, and revenue bonds will be amortized on a level debt service basis to the extent practical considering the forecasted available pledged revenues. • The City shall not endorse the obligation of any entity other than the City of Roanoke or Roanoke School Board. However, the City may enter into contracts with other regional or local public entities with respect to public purpose projects, which provide for certain payments when project or entity revenues prove insufficient to cover debt service on obligation issued to finance such project(s). The City will enter into these type agreements only when there is long -term public and financial interest in the regional or local project. The obligation could be structured as Moral Obligation Bonds, or with an underlying support agreement or other contractual arrangement. These obligations do not affect the legal debt limit of the City and any payments are subject to annual appropriation. However, if such payments were made, the obligations would be considered tax - supported debt. • The City's preferred method of sale of bonds is via competitive sale to underwriters. If deemed advantageous, the City may sell bonds via a negotiated The City of Roanoke Reserve and Debt Management Policies 10 sale, private placement, or other method. Coordination will be made with the City's financial advisor in arriving at a recommendation to issue bonds through a method other than competitive sale. Underwriter Selection • Senior Manager Selection —The City shall select a senior manager for any proposed negotiated sale. The financial advisor for the City should not be the senior manager on a negotiated sale. The selection criteria shall include, but not be limited to, the following: • Ability and experience in managing transactions similar to that contemplated by the City; • Prior knowledge and experience with the City; • Ability and willingness to risk capital and demonstration of such risk and capital availability; • Quality and experience of personnel assigned to the City's engagement; • Financing plan; and • Underwriting fees. • Co- Manager Selection —Co- managers may be selected on the same basis as the senior manager. The financial advisor for the City should not be a co- manager on a negotiated sale. In addition to their qualifications, co- managers appointed to specific transactions will be a function of transaction size and the necessity to ensure maximum distribution of the City's bonds. • Underwriter's Counsel —In any negotiated sale of City debt in which legal counsel is required to represent the underwriter, the appointment will be made by the Senior Manager with final approval from the City. • Underwriter's Discount —The City will evaluate the proposed underwriter's discount against comparable issues in the market. If there are multiple underwriters in the transaction, the City will determine the allocation of underwriting liability and management fees, if any. The allocation of fees will be determined prior to the sale date; a cap on management fees, expenses and underwriter's counsel fee will be established and communicated to all parties by the City. The senior manager shall submit an itemized list of expenses charged to members of the underwriting group. Any additional expenses must be substantiated. • Evaluation of Underwriter Performance —In conjunction with its financial advisor, the City will evaluate each bond sale after completion to assess the following: costs of issuance including underwriters' compensation, pricing of the bonds in terms of the overall interest cost and on a maturity -by- maturity basis, and the distribution of bonds and sales credits. The City of Roanoke Reserve and Debt Management Policies 11 • Designation Policies —To encourage the pre- marketing efforts of each member of the underwriting team, orders for the City's bonds will be net designated, unless otherwise expressly stated. The City shall require the senior manager to: • Fairly allocate bonds to other managers and the selling group; • Comply with Municipal Securities Rulemaking Board (MSRB) regulations governing the priority of orders and allocations; and • Within 10 working days after the sale date, submit to the City a detail of orders, allocations and other relevant information pertaining to the City's sale. Limitations on Level of Debt to be Issued and Outstanding Constitutional and Statutory Limitations: • Article VII, Section 10 of the Constitution of Virginia, the Public Finance Act and the City Charter established the City's Legal Debt Margin at 10% if the assessed value of real estate within the City shown by the last preceding assessment for taxes. • The Public Finance Act and the City Charter also establish other limits as to the amounts and types of debt the City may issue. Self- Imposed Debt Targets: • Net tax - supported debt as a percentage of the total taxable assessed value in the City (including real, personal property, and public service corporations) will not exceed 4 %. For all of the City's self- imposed debt targets, the City may exclude all or a portion of any bonds or leases that are self - supporting. • Net tax - supported general obligation debt service shall not exceed 10% of General Fund expenditures. • Net tax - supported debt will be structured in a manner such that not less than 60% of the aggregate outstanding tax - supported debt will be retired within ten years. Types of Debt Issuance • The City may issue general obligation debt for capital or other properly approved projects. • The School Board may use the Virginia Public School Authority (VPSA), Qualified Zone Academy Bonds (QZAB), Qualified School Construction Bonds (QSCBs), or State Literary Fund loans to finance school capital projects. Such The City of Roanoke Reserve and Debt Management Policies 12 debt issued on behalf of the School Board constitutes general obligation debt of the City. The City Manager and the Director of Finance shall approve any application to the Commonwealth of Virginia for such debt. City Council shall approve the issuance of the bonds as required by the Public Finance Act. The School Board shall approve such financings before requesting City Council approval. • The City may issue revenue bonds to fund proprietary activities such as water, water pollution control and stormwater utilities, or for other capital projects that generate adequate revenues from user fees to support operations and debt service requirements. The bonds will include written legal covenants which require that revenue sources are adequate to fund annual operating expenses and annual debt service requirements. • Capital leases may be used to purchase buildings, equipment, furniture and fixtures. The term of any capital lease shall not exceed the useful life of the asset leased. Revenue bonds may be issued by the City or other entity that are secured by a City capital lease. • Short -term borrowing may be utilized for interim financing or for other purposes as described below. The City will determine and utilize the least costly method for short -term borrowing subject to the following policies: • Bond Anticipation Notes (BANs) may be issued for capital related cash purposes to reduce the debt service during the construction period of a project or to provide interim financing for a project. The BANs shall not mature more than 5 years from the date of issuance. • Lines of Credit shall be considered as an alternative to other short-term borrowing options. • Other Short-Term Debt may be used when such instruments provide an interest rate advantage or as interim financing. • Lease financing and master lease obligations, including lease revenue bonds, may be considered as alternative financing structures. • Recognizing both the historical interest rate savings and the risks associated with variable rate debt, the City will limit variable rate debt exposure to approximately twenty percent (20 %) of total outstanding debt. Debt service on variable rate bonds will be budgeted at a conservative rate. Prior to issuing variable rate debt, the City will develop a plan to mitigate the associated risks. • A derivatives policy will be approved before any use of a derivative product. Refunding of Debt The City will refund debt when it is in the best financial interest of the City to do so. The City of Roanoke Reserve and Debt Management Policies 13 • Debt Service Savings —When a refunding is undertaken to generate interest rate cost savings, the minimum aggregate present value savings will be 3% of the refunded bond principal amount. The present value savings will be net of all costs related to the financing. If present value savings is less than 3 %, the City may consider the refunding efficiency as measured by option value. If the refunding efficiency of a refunding candidate exceeds 70% (on a maturity -by- maturity basis) and present value savings is less that 3 %, the City may opt to increase the universe of refunded bonds. • Restructuring — Refundings for restructuring purposes will be limited to restructuring to alleviate debt service during difficult budgetary years, achieve cash flow savings, mitigate irregular debt service payments, release reserve funds or remove unduly restrictive bond covenants. • Term of Refunding Issues —The City will refund bonds within the term of the originally issued debt. However, the City may consider maturity extension, when necessary to achieve a desired outcome, provided that such extension is legally permissible. The City also may consider shortening the term of the originally issued debt to realize greater savings. The remaining useful life of the financed facility and the concept of inter - generational equity should guide this decision. • Escrow Structuring —The City shall utilize the least costly securities available in structuring refunding escrows. If open market securities are used, a certificate will be provided by a third party agent stating that the securities were procured through an arms - length, competitive bid process that was consistent with the Federal guidelines established for the procurement of investments for escrows, and that the price paid for the securities was reasonable. Under no circumstances shall an agent or financial advisor sell escrow securities to the City from its own account. • Arbitrage —The City shall take all necessary steps to optimize escrows and to avoid negative arbitrage in its refundings. Any resulting positive arbitrage will be rebated as necessary according to Federal guidelines. See the City's Post Issuance Compliance Procedures Manual for further details. Investor Relations. Disclosure and Communication The debt ratios outlined above will be computed annually and reported in the Comprehensive Annual Financial Report, along with a computation of net tax - supported debt per capita. • The City will maintain communication with bond rating agencies to keep them abreast of its financial condition by providing them the City's Comprehensive Annual Financial Report, Annual budget, and Capital Improvement Program. The City of Roanoke Reserve and Debt Management Policies 14 • The City will comply with all of its undertakings in accordance with Securities and Exchange Commission Rule 15c2 -21. See the City's Post Issuance Compliance Procedures Manual for further details. Debt Service Fund Balance • The fund balance of the Debt Service Fund shall be reserved for the future payment of annual principal and interest payments, which includes general obligation bonds of the City, including school debt. The City of Roanoke Reserve and Debt Management Policies 15 Glossary Advance Refunding. A refinancing transaction in which new (refunding) bonds are issued to repay (refund) outstanding bonds more than 90 days prior to the first call date. The proceeds of the refunding bonds are deposited in an escrow account, invested in government securities, and used to pay debt service (interest, principal and premium, if any) on the refunded bonds through the applicable call date. For accounting purposes, refunding obligations are not considered a part of an issuer's debt. Arbitrage. The difference between the interest paid on the tax - exempt securities and the interest earned by investing the security proceeds in higher - yielding taxable securities. IRS regulations govern arbitrage on the proceeds from issuance of municipal securities. Bond Anticipation Notes (BANs). Notes that are issued to provide interim financing during project construction and are paid from the proceeds of the issuance of long -term bonds. Typically issued for capital projects. Call Provisions. The terms of the bond giving the issuer the right to redeem all or a portion of a bond prior to its stated date of maturity at a specific price, usually at or above par. Capitalized Interest. A portion of the proceeds of a bond issue which is set aside to pay interest on the same bond issue for a specific period of time. Interest is commonly capitalized for the construction period of the project. Capital Lease. A lease obligation that has met the criteria to be categorized as a capital lease as opposed to an operating lease under generally accepted accounting principles. Competitive Sale. A method of sale where underwriters submit proposals for the purchase of a new issue of municipal securities and the securities are awarded to the underwriter or underwriting syndicate presenting the best bid according to stipulated criteria set forth in the notice of sale. Continuing Disclosure. Disclosure of financial information deemed to be material with respect to the issuer's ability to repay the principal and interest of a public offered obligation. See the City's Post Issuance Compliance Procedures Manual for further details. Debt. Any obligations of the City for the payment of money issued pursuant to the Public Finance Act of Virginia. Derivative. A product, whose value is derived from an underlying security, structured to deliver varying benefits to different market segments and participants. The term The City of Roanoke Reserve and Debt Management Policies 16 encompasses a wide range of products offered in the marketplace including interest rate swaps, caps, floors and other synthetic variable rate products. Designation Policies. During a negotiated sale, the policy for how investor orders are filled when a maturity is oversubscribed (i.e., when investor demand exceeds bonds available for sale). There are three primary classifications of orders which form the designation policy: Group Net orders; Net Designated orders and Member orders. Escrow. A fund established to hold moneys pledged and to be used to pay debt service on an outstanding issue in a refunding. General Obligations. Bonds issued by the City secured by the City's pledge of its full faith and credit and unlimited taxing power. Group Net Orders. An order at the initial offering price. A group net order benefits all underwriting group according to their percentage participation in the account. Intergenerational Equity. Equity or fairness principal that those that benefit from a capital improvement should pay for it. Legal Debt Margin. The amount of federal obligation bonds and certain other interest bearing obligations (other than revenue bonds) that the City may have outstanding expressed as a percentage of the assessed value of real estate in the City as shown on the last preceding assessment for taxes. Member Order. An order submitted by a member of the underwriting group. Negotiated Sale. A method of sale in which the issuer chooses one underwriter to negotiate terms pursuant to which such underwriter will purchase and market the bonds. Net Designated Order. An order submitted by an underwriting team member on behalf of an investor on which all or a portion of the underwriting fee is to be credited to certain members of the underwriting team. The investor directs the percentage of the total designation each member will receive. Option Value. Option valuation is a methodology for evaluating the efficiency of a refunding. Option valuation calculates the maximum theoretical value of refunding a bond, then expresses the current refunding savings as a percentage of the maximum theoretical savings. Present Value. The current value of a future cash flow Private Placement. The original placement of an issue with one or more investors as opposed to being publicly offered or sold. The City of Roanoke Reserve and Debt Management Policies 17 Rebate. A requirement imposed by Tax Reform Act of 1986 whereby the issuer of tax - exempt bonds must pay the IRS an amount equal to its profit earned from investment of tax - exempt bond proceeds at rates exceeding the tax - exempt borrowing rate. The tax - exempt borrowing rate (or "bond yield ") is calculated pursuant to the IRS code together with all income earned on the accumulated profit pending payment. Refunding. A transaction in which the City refinances an outstanding issue by issuing new (refunding) bonds and using the proceeds to immediately retire the old (refunded) bonds. Revenue Bonds. Bonds issued by the City secured by a specific revenue pledge of rates, rents or fees. Tax - Supported Debt. Debt that is expected to be repaid from the general fund tax revenues of the City. This includes general obligation bonds, appropriation - supported bonds, capital leases and in certain circumstances moral obligation bonds. For the purpose of this Debt Policy, net tax - supported debt includes general obligation debt for the City and School Board, certain bonded capital leases, and any moral obligation bonds for which the City has deposited funds to a debt service reserve fund as requested to replenish such reserve fund. Underwriter. A dealer that purchases new issues of municipal securities from the Issuer and resells them to investors. Underwriter's Discount. The difference between the price at which bonds are bought by the Underwriter from the Issuer and the price at which they are reoffered to investors Variable Rate. An interest rate, sometimes referred to as a "floating rate," on a security that changes at intervals according to market conditions or a predetermined index or formula. The City of Roanoke Reserve and Debt Management Policies 18 City of Roanoke, Virginia Reserve and Debt Management Policies November 1, 2010 (Resolution No.39000- 110110) RevwseaRevised January 3. 2012 (Resolution No. 39290 - 010312) Revised November 18, 2013 (Resolution No. 39807 - 111813) Revised August 20, 2018 (Resolution No. - 082018) Table of Contents Goals and Objectives ................................ ............................... 2 ReservePolicies ...................................... ............................... 3 Debt Management Policies ......................... ............................... 97- Glossary.......................................... ............................... .....163 The City of Roanoke Reserve and Debt Management Policies Goals and Objectives These policies are designed to help protect the City's financial resources necessary to meet short-term and long -term operating and capital needs by: • Promoting sound financial management; Protecting and maintaining the City's credit ratings; • Ensuring the legal and prudent use of the City's debt issuance authority; and • Guiding the City and its managers in policy and debt issuance decisions. While adherence to this policy is expected in applicable circumstances, the City understands that changes in the capital markets, City programs, or other unforeseen circumstances may from time to time produce situations that are not covered by this policy and will require modifications or exceptions to achieve the policy goals. In these cases, the City's management may act, provided specific authorization from the Director of Finance or City Council is obtained. Failure to comply in any manner with this policy shall not result in any liability on the part of the City to any party. This policy was originall adopted by City Council on November 1, 2010 with the adoption of Resolution No. 39000 - 110110, and revised on January 3, 2012 (Resolution No. 39290 - 010312), November 18, 2013 (Resolution No. — 39807- 111813), and August 20, 2018 (Resolution No. - 082018). and the Fnest eGeAt Fe,,,e,., GOmpleted in NoyembeF 2013. These policies will be reviewed at least every threetwe years by the Director of Finance. The City of Roanoke Reserve and Debt Management Policies 2 Reserve Policies Unassigned General Fund Reserve Reserve Floor— Roanoke will target an unreserved Unassigned General Fund Reserve equal to a minimum of 12% of General Fund Expenditures. This level of reserves is intended to provide the City with sufficient working capital and margin of financial safety to address unforeseen one -time expenditure emergencies or significant unforeseen declines in revenues in a specific fiscal year, for which there is no other current budgetary resource available or other categories of fund balance available to satisfy the funding needed. The Unassigned General Fund Reserve will be reported in the Unassigned category on the City's Governmental Funds Balance Sheet in the General Fund. "Unassigned Resewe" o Fund ExoendatuFes. As of FY2013, the City us in cernplianGe with the rninimurn -. I V.1 "Ifl, • Reserve Funding Sources - The Unassigned General Fund Reserve will be maintained through the provision of funding from a budgeted reserve contribution as well as residual revenue in excess of budget both as necessary, to maintain the designated Reserve Floor. Reserve Drawdown— Drawdown of the Unassigned General Fund Reserve shall occur only by authorization of City Council. Funds may only be used for the purposes described above which cannot be covered from contingencies or other sources The Unassigned General Fund Reserve may not be used for balancing the annual budget due to recurring declines in revenue sources or recurring expenditure increases.Any drawdown of the Unassigned General Fund Rese • Reserve Replenishment —In the event the Unassigned General Fund Reserve is used, it will be restored to its minimum level within three fiscal years. The Director of Finance will submit a plan in writing to City Council that will restore the Unassigned General Fund Reserve as noted above three Ronal years The City of Roanoke Reserve and Debt Management Policies Stabilization ReserveRnsk ManacienwntReserve • Reserve Floor— Roanoke will target a Stabilization Reserve equal to a minimum of 3% of General Fund Expenditures. The Stabilization Reserve will be reported in the Unassigned category on the City's Governmental Fund Balance Sheet in the General Fund. This reserve is intended for specific purposes: • Coverage for an economic downturn to smooth the financial operations in the event of a recessionary decline in which revenues decline by more than 1.5% of the current year estimate. • Coverage for risk exposure that the City has due to its self- insurance program and unanticipated risk management expenses. The City is currently self- insured for Health, Workers' Compensation, General Liability, and Automobile claims. • Investments related to Economic and Community Development projects which may provide future growth opportunities and expansion of the tax base in Roanoke. Examples of qualifying uses include, but are not limited to the purchase of property for economic development, economic development incentives and development of infrastructure to support other economic and /or community development projects. .,... 'IffrM mrr.m. • Reserve Funding Sources€4eer —The Stabilization Reserve will be maintained through the provision of funding q rom: Management Reserve- * ic• Revenue in excess of budget, as necessary, to maintain and exceed the 3% Reserve Floor • Excess debt service funding as recommended by the City Manager and approved by City Council • Interest earnings of the Capital Projects Fund • Proceeds from the sale of surplus general government real property 25% ^n r f. insured pF � —$t,. % i . _ • r _ =a.r • r WIN OWN Is' •r .- r _ r r • �. WIN •• . •• a rr •.. ._ .r _r - 1 I r . - . • r The City of Roanoke Reserve and Debt Management Policies • Reserve Drawdown— Drawdown of the "Stabilization Reserve" balance above the 3% floor shall occur only by authorization of City Council and will be limited to the purposes noted above. The Stabilization Reserve may not be used for balancing the annual budget due to recurring declines in revenue sources or recurring expenditure increases. • Reserve Replenishment— In the event the Stabilization Reserve is used, it will be restored to its minimum level within three fiscal years. The Director of Finance will submit a plan in writing to City Council that will restore the Stabilization Reserve as noted above. • Use of the Risk Management Reserve will be used te fund unantiGipated Fisk .. .•, .... .. -. .. . .. .. . . r r r .. . . r. . • . . . � r WATr- ON i -- • UTWT '11, Noma- The City of Roanoke Reserve and Debt Management Policies . � a N MIT W" =XIMMI all MUM- •. r r r r . .. r r .0. . s a • a . ► MUMM"VII. Reserve Funding Plan In order to meet the desired reserve levels, the City will concurrently fund the Unassigned General Fund Reserve at the designated 12% level and the Stabilization Reserve at the 3% level as noted below: By Year -End FY 2019: • Fund the Unassigned General Fund Reserve at a minimum of 11 % of General Fund Expenditures • Fund the Budget Stabilization Reserve to a level of a minimum of 1/2% General Fund Expenditures By Year -End FY 2020: • Fund the Unassigned General Fund Reserve at a minimum of 11 1/2% of General Fund Expenditures • Fund the Budget Stabilization Reserve to a level of a minimum of 1 % of General Fund Expenditures By Year -End FY 2021: • Fund the Unassigned General Fund Reserve at a minimum of 12% of General Fund Expenditures • Fund the Budget Stabilization Reserve to a level of a minimum of 1 1/2% of General Fund Expenditures The City of Roanoke Reserve and Debt Management Policies By Year -End FY 2022: Maintain the Unassigned General Fund Reserve at a minimum of 12% of General Fund Expenditures • Fund the Budget Stabilization Reserve to a level of a minimum of 2% of General Fund Expenditures By Year -End FY 2023: Maintain the Unassigned General Fund Reserve at a minimum of 12% of General Fund Expenditures • Fund the Budget Stabilization Reserve to a level of a minimum of 3% of General Fund Expenditures These Reserve Policies will be reviewed by City staff and the City's Financial Advisor every three years Recommendations for revisions to the policies will be presented to City Council for consideration. [r7= pu NZIO I"MQ The City of Roanoke Reserve and Debt Management Policies The City of Roanoke Reserve and Debt Management Policies Debt Management Policy Introduction One of the keys to sound financial management is the development of a debt policy. This need is recognized by bond rating agencies as well as the capital markets, and development of a debt policy is a recommended practice by the Government Finance Officers Association. A debt policy establishes the parameters for issuing debt and managing the debt portfolio. It provides guidance to the administration regarding purposes for which debt may be issued, types and amounts of permissible debt and method of sale that may be used. The following debt policy is intended to demonstrate a commitment to long -term financial planning. It will be used in conjunction with the Capital Improvement Programs for both the City and School Board. Adherence to this policy will help assure maintenance of the City's double -A credit ratings. Guidelines for Debt Issuance The City will prepare and update annually a five -year Capital improvement Program (CIP) to be approved by City Council. The CIP will be developed with an analysis of the City's infrastructure and other capital needs, and the financial impact of the debt service required to meet the recommended financing plan. The City will strive to fund at least 10% of the CIP projects' aggregate cost on a cash basis. • As part of the annual Capital Improvement Program, the Schools shall furnish the City a schedule of funding needs for any school projects for which the issuance of long -term debt is planned. • Each project proposed for financing through debt issuance will have an analysis performed for review of tax impact and future operating costs associated with the project and related debt issuance costs. • All proceeds from debt issuance for the City of Roanoke and the City of Roanoke School Board shall be appropriated by City Council. • Proceeds from the issuance of debt shall be monitored by the investment custodian with regard to arbitrage. Compliance with all applicable federal tax requirements shall be made. The City will coordinate with its investment managers with regard to expected project funds payout so as to maximize investment earnings in light of federal arbitrage requirements. See the City's Post Issuance Compliance Procedures Manual for further details. • Long -term debt will be issued to purchase or construct capital improvements or equipment with a minimum expected life of five years. The City will not use long- term borrowing to finance annual operating needs. The term of any bond issue The City of Roanoke Reserve and Debt Management Policies 9 will not exceed the useful life of the capital project /facility or equipment for which the borrowing is intended. • The City will attempt to avoid short -term debt to provide cash flow for annual operations. Debt issued for operating purposes will be limited to cases where there is reasonable certainty that a known source of revenue will be received in the current fiscal year sufficient to repay the debt or where there is a clear financial emergency. • The City will comply with all applicable U.S. Internal Revenue Service and U.S. Treasury arbitrage requirements for bonded indebtedness in order to preserve the tax - exempt status of such bonds. See the City's Post Issuance Compliance Procedures Manual for further details. Bond issues should be planned to minimize the frequency of issuance, thereby ensuring the lowest possible costs of issuance. When determining the size of a bond issue, consideration should be given to the need for construction, debt service and capitalized interest funds. Construction fund draw schedules shall be prepared, and projection of conservative earning on unspent bond funds should be made in conjunction with planning of the City's Capital Improvement Program. • The decision to use bond proceeds to pay interest during construction for revenue - producing projects shall be made on a case by case basis and shall be based on an evaluation of the opportunity cost of funds and the availability of other sources of funds to pay interest costs. • General obligation bonds will be amortized on a level principal basis to the extent practical, and revenue bonds will be amortized on a level debt service basis to the extent practical considering the forecasted available pledged revenues. The City shall not endorse the obligation of any entity other than the City of Roanoke or Roanoke School Board. However, the City may enter into contracts with other regional or local public entities with respect to public purpose projects, which provide for certain payments when project or entity revenues prove insufficient to cover debt service on obligation issued to finance such project(s). The City will enter into these type agreements only when there is long -term public and financial interest in the regional or local project. The obligation could be structured as Moral Obligation Bonds, or with an underlying support agreement or other contractual arrangement. These obligations do not affect the legal debt limit of the City and any payments are subject to annual appropriation. However, if such payments were made, the obligations would be considered tax - supported debt. • The City's preferred method of sale of bonds is via competitive sale to underwriters. If deemed advantageous, the City may sell bonds via a negotiated The City of Roanoke Reserve and Debt Management Policies 10 sale, private placement, or other method. Coordination will be made with the City's financial advisor in arriving at a recommendation to issue bonds through a method other than competitive sale. Underwriter Selection Senior Manager Selection —The City shall select a senior manager for any proposed negotiated sale. The financial advisor for the City should not be the senior manager on a negotiated sale. The selection criteria shall include, but not be limited to, the following: • Ability and experience in managing transactions similar to that contemplated by the City; • Prior knowledge and experience with the City; • Ability and willingness to risk capital and demonstration of such risk and capital availability; • Quality and experience of personnel assigned to the City's engagement; • Financing plan; and • Underwriting fees. • Co- Manager Selection —Co- managers may be selected on the same basis as the senior manager. The financial advisor for the City should not be a co- manager on a negotiated sale. In addition to their qualifications, co- managers appointed to specific transactions will be a function of transaction size and the necessity to ensure maximum distribution of the City's bonds. • Underwriter's Counsel —In any negotiated sale of City debt in which legal counsel is required to represent the underwriter, the appointment will be made by the Senior Manager with final approval from the City. Underwriter's Discount —The City will evaluate the proposed underwriter's discount against comparable issues in the market. If there are multiple underwriters in the transaction, the City will determine the allocation of underwriting liability and management fees, if any. The allocation of fees will be determined prior to the sale date; a cap on management fees, expenses and underwriter's counsel fee will be established and communicated to all parties by the City. The senior manager shall submit an itemized list of expenses charged to members of the underwriting group. Any additional expenses must be substantiated. • Evaluation of Underwriter Performance —In conjunction with its financial advisor, the City will evaluate each bond sale after completion to assess the following: costs of issuance including underwriters' compensation, pricing of the bonds in terms of the overall interest cost and on a maturity -by- maturity basis, and the distribution of bonds and sales credits. The City of Roanoke Reserve and Debt Management Policies 11 • Designation Policies —To encourage the pre- marketing efforts of each member of the underwriting team, orders for the City's bonds will be net designated, unless otherwise expressly stated. The City shall require the senior manager to: • Fairly allocate bonds to other managers and the selling group; • Comply with Municipal Securities Rulemaking Board (MSRB) regulations governing the priority of orders and allocations; and • Within 10 working days after the sale date, submit to the City a detail of orders, allocations and other relevant information pertaining to the City's sale. Limitations on Level of Debt to be Issued and Outstanding Constitutional and Statutory Limitations: • Article VII, Section 10 of the Constitution of Virginia, the Public Finance Act and the City Charter established the City's Legal Debt Margin at 10% if the assessed value of real estate within the City shown by the last preceding assessment for taxes. • The Public Finance Act and the City Charter also establish other limits as to the amounts and types of debt the City may issue. Self - Imposed Debt Targets: • Net tax - supported debt as a percentage of the total taxable assessed value in the City (including real, personal property, and public service corporations) will not exceed 4 %. For all of the City's self- imposed debt targets, the City may exclude all or a portion of any bonds or leases that are self - supporting. • Net tax - supported general obligation debt service shall not exceed 10% of General Fund expenditures. • Net tax - supported debt will be structured in a manner such that not less than 60% of the aggregate outstanding tax - supported debt will be retired within ten years. Types of Debt Issuance • The City may issue general obligation debt for capital or other properly approved projects. • The School Board may use the Virginia Public School Authority (VPSA), Qualified Zone Academy Bonds (QZAB), Qualified School Construction Bonds (QSCBs), or State Literary Fund loans to finance school capital projects. Such The City of Roanoke Reserve and Debt Management Policies 12 debt issued on behalf of the School Board constitutes general obligation debt of the City. The City Manager and the Director of Finance shall approve any application to the Commonwealth of Virginia for such debt. City Council shall approve the issuance of the bonds as required by the Public Finance Act. The School Board shall approve such financings before requesting City Council approval. The City may issue revenue bonds to fund proprietary activities such as water, water pollution control and stormwater utilities, or for other capital projects that generate adequate revenues from user fees to support operations and debt service requirements. The bonds will include written legal covenants which require that revenue sources are adequate to fund annual operating expenses and annual debt service requirements. • Capital leases may be used to purchase buildings, equipment, furniture and fixtures. The term of any capital lease shall not exceed the useful life of the asset leased. Revenue bonds may be issued by the City or other entity that are secured by a City capital lease. • Short-term borrowing may be utilized for interim financing or for other purposes as described below. The City will determine and utilize the least costly method for short-term borrowing subject to the following policies: • Bond Anticipation Notes (BANs) may be issued for capital related cash purposes to reduce the debt service during the construction period of a project or to provide interim financing for a project. The BANs shall not mature more than 5 years from the date of issuance. • Lines of Credit shall be considered as an alternative to other short-term borrowing options. • Other Short-Term Debt may be used when such instruments provide an interest rate advantage or as interim financing. Lease financing and master lease obligations, including lease revenue bonds, may be considered as alternative financing structures. Recognizing both the historical interest rate savings and the risks associated with variable rate debt, the City will limit variable rate debt exposure to approximately twenty percent (20 %) of total outstanding debt. Debt service on variable rate bonds will be budgeted at a conservative rate. Prior to issuing variable rate debt, the City will develop a plan to mitigate the associated risks. • A derivatives policy will be approved before any use of a derivative product. Refunding of Debt The City will refund debt when it is in the best financial interest of the City to do so. The City of Roanoke Reserve and Debt Management Policies 13 Debt Service Savings —When a refunding is undertaken to generate interest rate cost savings, the minimum aggregate present value savings will be 3% of the refunded bond principal amount. The present value savings will be net of all costs related to the financing. If present value savings is less than 3 %, the City may consider the refunding efficiency as measured by option value. If the refunding efficiency of a refunding candidate exceeds 70% (on a maturity -by- maturity basis) and present value savings is less that 3 %, the City may opt to increase the universe of refunded bonds. • Restructuring — Refundings for restructuring purposes will be limited to restructuring to alleviate debt service during difficult budgetary years, achieve cash flow savings, mitigate irregular debt service payments, release reserve funds or remove unduly restrictive bond covenants. • Term of Refunding Issues —The City will refund bonds within the term of the originally issued debt. However, the City may consider maturity extension, when necessary to achieve a desired outcome, provided that such extension is legally permissible. The City also may consider shortening the term of the originally issued debt to realize greater savings. The remaining useful life of the financed facility and the concept of inter - generational equity should guide this decision. Escrow Structuring —The City shall utilize the least costly securities available in structuring refunding escrows. If open market securities are used, a certificate will be provided by a third party agent stating that the securities were procured through an arms - length, competitive bid process that was consistent with the Federal guidelines established for the procurement of investments for escrows, and that the price paid for the securities was reasonable. Under no circumstances shall an agent or financial advisor sell escrow securities to the City from its own account. • Arbitrage —The City shall take all necessary steps to optimize escrows and to avoid negative arbitrage in its refundings. Any resulting positive arbitrage will be rebated as necessary according to Federal guidelines. See the City's Post Issuance Compliance Procedures Manual for further details. Investor Relations, Disclosure and Communication • The debt ratios outlined above will be computed annually and reported in the Comprehensive Annual Financial Report, along with a computation of net tax - supported debt per capita. • The City will maintain communication with bond rating agencies to keep them abreast of its financial condition by providing them the City's Comprehensive Annual Financial Report, Annual budget, and Capital Improvement Program. The City of Roanoke Reserve and Debt Management Policies 14 • The City will comply with all of its undertakings in accordance with Securities and Exchange Commission Rule 15c2 -21. See the City's Post Issuance Compliance Procedures Manual for further details. Debt Service Fund Balance • The fund balance of the Debt Service Fund shall be reserved for the future payment of annual principal and interest payments, which includes general obligation bonds of the City, including school debt. The City of Roanoke Reserve and Debt Management Policies 15 Glossary Advance Refunding. A refinancing transaction in which new (refunding) bonds are issued to repay (refund) outstanding bonds more than 90 days prior to the first call date. The proceeds of the refunding bonds are deposited in an escrow account, invested in government securities, and used to pay debt service (interest, principal and premium, if any) on the refunded bonds through the applicable call date. For accounting purposes, refunding obligations are not considered a part of an issuer's debt. Arbitrage. The difference between the interest paid on the tax - exempt securities and the interest earned by investing the security proceeds in higher - yielding taxable securities. IRS regulations govern arbitrage on the proceeds from issuance of municipal securities. Bond Anticipation Notes (BANs). Notes that are issued to provide interim financing during project construction and are paid from the proceeds of the issuance of long -term bonds. Typically issued for capital projects. Call Provisions. The terms of the bond giving the issuer the right to redeem all or a portion of a bond prior to its stated date of maturity at a specific price, usually at or above par. Capitalized Interest. A portion of the proceeds of a bond issue which is set aside to pay interest on the same bond issue for a specific period of time. Interest is commonly capitalized for the construction period of the project. Capital Lease. A lease obligation that has met the criteria to be categorized as a capital lease as opposed to an operating lease under generally accepted accounting principles. Competitive Sale. A method of sale where underwriters submit proposals for the purchase of a new issue of municipal securities and the securities are awarded to the underwriter or underwriting syndicate presenting the best bid according to stipulated criteria set forth in the notice of sale. Continuing Disclosure. Disclosure of financial information deemed to be material with respect to the issuer's ability to repay the principal and interest of a public offered obligation. See the City's Post Issuance Compliance Procedures Manual for further details. Debt. Any obligations of the City for the payment of money issued pursuant to the Public Finance Act of Virginia. Derivative. A product, whose value is derived from an underlying security, structured to deliver varying benefits to different market segments and participants. The term The City of Roanoke Reserve and Debt Management Policies 16 encompasses a wide range of products offered in the marketplace including interest rate swaps, caps, floors and other synthetic variable rate products. Designation Policies. During a negotiated sale, the policy for how investor orders are filled when a maturity is oversubscribed (i.e., when investor demand exceeds bonds available for sale). There are three primary classifications of orders which form the designation policy: Group Net orders; Net Designated orders and Member orders. Escrow. A fund established to hold moneys pledged and to be used to pay debt service on an outstanding issue in a refunding. General Obligations. Bonds issued by the City secured by the City's pledge of its full faith and credit and unlimited taxing power. Group Net Orders. An order at the initial offering price. A group net order benefits all underwriting group according to their percentage participation in the account. Intergenerational Equity. Equity or fairness principal that those that benefit from a capital improvement should pay for it. Legal Debt Margin. The amount of federal obligation bonds and certain other interest bearing obligations (other than revenue bonds) that the City may have outstanding expressed as a percentage of the assessed value of real estate in the City as shown on the last preceding assessment for taxes. Member Order. An order submitted by a member of the underwriting group. Negotiated Sale. A method of sale in which the issuer chooses one underwriter to negotiate terms pursuant to which such underwriter will purchase and market the bonds. Net Designated Order. An order submitted by an underwriting team member on behalf of an investor on which all or a portion of the underwriting fee is to be credited to certain members of the underwriting team. The investor directs the percentage of the total designation each member will receive. Option Value. Option valuation is a methodology for evaluating the efficiency of a refunding. Option valuation calculates the maximum theoretical value of refunding a bond, then expresses the current refunding savings as a percentage of the maximum theoretical savings. Present Value. The current value of a future cash flow. Private Placement. The original placement of an issue with one or more investors as opposed to being publicly offered or sold. The City of Roanoke Reserve and Debt Management Policies 17 Rebate. A requirement imposed by Tax Reform Act of 1986 whereby the issuer of tax - exempt bonds must pay the IRS an amount equal to its profit earned from investment of tax - exempt bond proceeds at rates exceeding the tax - exempt borrowing rate. The tax - exempt borrowing rate (or "bond yield ") is calculated pursuant to the IRS code together with all income earned on the accumulated profit pending payment. Refunding. A transaction in which the City refinances an outstanding issue by issuing new (refunding) bonds and using the proceeds to immediately retire the old (refunded) bonds. Revenue Bonds. Bonds issued by the City secured by a specific revenue pledge of rates, rents or fees. Tax - Supported Debt. Debt that is expected to be repaid from the general fund tax revenues of the City. This includes general obligation bonds, appropriation - supported bonds, capital leases and in certain circumstances moral obligation bonds. For the purpose of this Debt Policy, net tax - supported debt includes general obligation debt for the City and School Board, certain bonded capital leases, and any moral obligation bonds for which the City has deposited funds to a debt service reserve fund as requested to replenish such reserve fund. Underwriter. A dealer that purchases new issues of municipal securities from the Issuer and resells them to investors. Underwriter's Discount. The difference between the price at which bonds are bought by the Underwriter from the Issuer and the price at which they are reoffered to investors. Variable Rate. An interest rate, sometimes referred to as a "floating rate," on a security that changes at intervals according to market conditions or a predetermined index or formula. The City of Roanoke Reserve and Debt Management Policies 18 City of Roanoke, Virginia Reserve and Debt Management Policies November 1, 2010 (Resolution No.39000- 110110) Revised January 3, 2012 (Resolution No. 39290 - 010312) Revised November 18, 2013 (Resolution No. 39807 - 111813) Revised August 20, 2018 (Resolution No. - 082018) Table of Contents Goalsand Objectives ................................ ............................... 2 ReservePolicies ...................................... ............................... 3 Debt Management Policies ......................... ............................... 5 Glossary................................................... .............................12 The City of Roanoke Reserve and Debt Management Policies Goals and Objectives These policies are designed to help protect the City's financial resources necessary to meet short -term and long -term operating and capital needs by: • Promoting sound financial management; Protecting and maintaining the City's credit ratings; • Ensuring the legal and prudent use of the City's debt issuance authority; and • Guiding the City and its managers in policy and debt issuance decisions. While adherence to this policy is expected in applicable circumstances, the City understands that changes in the capital markets, City programs, or other unforeseen circumstances may from time to time produce situations that are not covered by this policy and will require modifications or exceptions to achieve the policy goals. In these cases, the City's management may act, provided specific authorization from the Director of Finance or City Council is obtained. Failure to comply in any manner with this policy shall not result in any liability on the part of the City to any party. This policy was adopted by City Council on November 1, 2010 with the adoption of Resolution No. 39000 - 110110, and revised on January 3, 2012 (Resolution No. 39290- 010312), November 18, 2013 (Resolution No. 39807 - 111813), and August 20, 2018 (Resolution No. - 082018). These policies will be reviewed at least every three years by the Director of Finance. The City of Roanoke Reserve and Debt Management Policies 2 Reserve Policies Unassigned General Fund Reserve • Reserve Floor— Roanoke will target an unreserved, Unassigned General Fund Reserve equal to a minimum of 12% of General Fund Expenditures. This level of reserves is intended to provide the City with sufficient working capital and margin of financial safety to address unforeseen, one -time expenditure emergencies or significant unforeseen declines in revenues in a specific fiscal year, for which there is no other current budgetary resource available, or other categories of fund balance available to satisfy the funding needed. The Unassigned General Fund Reserve will be reported in the Unassigned category on the City's Governmental Funds Balance Sheet in the General Fund. • Reserve Funding Sources – The Unassigned General Fund Reserve will be maintained through the provision of funding from a budgeted reserve contribution as well as residual revenue in excess of budget, both as necessary, to maintain the designated Reserve Floor. • Reserve Drawdown— Drawdown of the Unassigned General Fund Reserve shall occur only by authorization of City Council. Funds may only be used for the purposes described above, which cannot be covered from contingencies or other sources. The Unassigned General Fund Reserve may not be used for balancing the annual budget due to recurring declines in revenue sources or recurring expenditure increases. • Reserve Replenishment —In the event the Unassigned General Fund Reserve is used, it will be restored to its minimum level within three fiscal years. The Director of Finance will submit a plan in writing to City Council that will restore the Unassigned General Fund Reserve as noted above. Stabilization Reserve Reserve Floor— Roanoke will target a Stabilization Reserve equal to a minimum of 3% of General Fund Expenditures. The Stabilization Reserve will be reported in the Unassigned category on the City's Governmental Fund Balance Sheet in the General Fund. This reserve is intended for specific purposes: • Coverage for an economic downturn to smooth the financial operations in the event of a recessionary decline in which revenues decline by more than 1.5% of the current year estimate. • Coverage for risk exposure that the City has due to its self- insurance program and unanticipated risk management expenses. The City is currently self- insured for Health, Workers' Compensation, General Liability, and Automobile claims. The City of Roanoke Reserve and Debt Management Policies 3 Investments related to Economic and Community Development projects which may provide future growth opportunities and expansion of the tax base in Roanoke. Examples of qualifying uses include, but are not limited to, the purchase of property for economic development, economic development incentives and development of infrastructure to support other economic and /or community development projects. Reserve Funding Sources —The Stabilization Reserve will be maintained through the provision of funding from: • Revenue in excess of budget, as necessary, to maintain and exceed the 3% Reserve Floor • Excess debt service funding as recommended by the City Manager and approved by City Council • Interest earnings of the Capital Projects Fund • Proceeds from the sale of surplus general government real property Reserve Drawdown— Drawdown of the "Stabilization Reserve" balance above the 3% floor shall occur only by authorization of City Council and will be limited to the purposes noted above. The Stabilization Reserve may not be used for balancing the annual budget due to recurring declines in revenue sources or recurring expenditure increases. Reserve Replenishment— In the event the Stabilization Reserve is used, it will be restored to its minimum level within three fiscal years. The Director of Finance will submit a plan in writing to City Council that will restore the Stabilization Reserve as noted above. Reserve Funding Plan In order to meet the desired reserve levels, the City will concurrently fund the Unassigned General Fund Reserve at the designated 12% level and the Stabilization Reserve at the 3% level as noted below: By Year -End FY 2019: • Fund the Unassigned General Fund Reserve at a minimum of 11 % of General Fund Expenditures • Fund the Budget Stabilization Reserve to a level of a minimum of 1/2% General Fund Expenditures By Year -End FY 2020: • Fund the Unassigned General Fund Reserve at a minimum of 11 1/2% of General Fund Expenditures The City of Roanoke Reserve and Debt Management Policies 4 • Fund the Budget Stabilization Reserve to a level of a minimum of 1% of General Fund Expenditures By Year -End FY 2021: • Fund the Unassigned General Fund Reserve at a minimum of 12% of General Fund Expenditures • Fund the Budget Stabilization Reserve to a level of a minimum of 1 112% of General Fund Expenditures By Year -End FY 2022: • Maintain the Unassigned General Fund Reserve at a minimum of 12% of General Fund Expenditures • Fund the Budget Stabilization Reserve to a level of a minimum of 2% of General Fund Expenditures By Year -End FY 2023: • Maintain the Unassigned General Fund Reserve at a minimum of 12% of General Fund Expenditures • Fund the Budget Stabilization Reserve to a level of a minimum of 3% of General Fund Expenditures These Reserve Policies will be reviewed by City staff and the City's Financial Advisor every three years. Recommendations for revisions to the policies will be presented to City Council for consideration. Debt Management Policy Introduction One of the keys to sound financial management is the development of a debt policy. This need is recognized by bond rating agencies as well as the capital markets, and development of a debt policy is a recommended practice by the Government Finance Officers Association. A debt policy establishes the parameters for issuing debt and managing the debt portfolio. It provides guidance to the administration regarding purposes for which debt may be issued, types and amounts of permissible debt and method of sale that may be used. The following debt policy is intended to demonstrate a commitment to long -term financial planning. It will be used in conjunction with the Capital Improvement Programs for both the City and School Board. Adherence to this policy will help assure maintenance of the City's double -A credit ratings. Guidelines for Debt Issuance • The City will prepare and update annually a five -year Capital improvement Program (CIP) to be approved by City Council. The CIP will be developed with The City of Roanoke Reserve and Debt Management Policies 5 an analysis of the City's infrastructure and other capital needs, and the financial impact of the debt service required to meet the recommended financing plan. The City will strive to fund at least 10% of the CIP projects' aggregate cost on a cash basis. • As part of the annual Capital Improvement Program, the Schools shall furnish the City a schedule of funding needs for any school projects for which the issuance of long -term debt is planned. • Each project proposed for financing through debt issuance will have an analysis performed for review of tax impact and future operating costs associated with the project and related debt issuance costs. • All proceeds from debt issuance for the City of Roanoke and the City of Roanoke School Board shall be appropriated by City Council. • Proceeds from the issuance of debt shall be monitored by the investment custodian with regard to arbitrage. Compliance with all applicable federal tax requirements shall be made. The City will coordinate with its investment managers with regard to expected project funds payout so as to maximize investment earnings in light of federal arbitrage requirements. See the City's Post Issuance Compliance Procedures Manual for further details. Long -term debt will be issued to purchase or construct capital improvements or equipment with a minimum expected life of five years. The City will not use long- term borrowing to finance annual operating needs. The term of any bond issue will not exceed the useful life of the capital project /facility or equipment for which the borrowing is intended. The City will attempt to avoid short-term debt to provide cash flow for annual operations. Debt issued for operating purposes will be limited to cases where there is reasonable certainty that a known source of revenue will be received in the current fiscal year sufficient to repay the debt or where there is a clear financial emergency. • The City will comply with all applicable U.S. Internal Revenue Service and U.S. Treasury arbitrage requirements for bonded indebtedness in order to preserve the tax - exempt status of such bonds. See the City's Post Issuance Compliance Procedures Manual for further details. • Bond issues should be planned to minimize the frequency of issuance, thereby ensuring the lowest possible costs of issuance. When determining the size of a bond issue, consideration should be given to the need for construction, debt service and capitalized interest funds. Construction fund draw schedules shall be prepared, and projection of conservative earning on unspent bond funds The City of Roanoke Reserve and Debt Management Policies 6 should be made in conjunction with planning of the City's Capital Improvement Program. • The decision to use bond proceeds to pay interest during construction for revenue - producing projects shall be made on a case by case basis and shall be based on an evaluation of the opportunity cost of funds and the availability of other sources of funds to pay interest costs. • General obligation bonds will be amortized on a level principal basis to the extent practical, and revenue bonds will be amortized on a level debt service basis to the extent practical considering the forecasted available pledged revenues. The City shall not endorse the obligation of any entity other than the City of Roanoke or Roanoke School Board. However, the City may enter into contracts with other regional or local public entities with respect to public purpose projects, which provide for certain payments when project or entity revenues prove insufficient to cover debt service on obligation issued to finance such project(s). The City will enter into these type agreements only when there is long -term public and financial interest in the regional or local project. The obligation could be structured as Moral Obligation Bonds, or with an underlying support agreement or other contractual arrangement. These obligations do not affect the legal debt limit of the City and any payments are subject to annual appropriation. However, if such payments were made, the obligations would be considered tax - supported debt. • The City's preferred method of sale of bonds is via competitive sale to underwriters. If deemed advantageous, the City may sell bonds via a negotiated sale, private placement, or other method. Coordination will be made with the City's financial advisor in arriving at a recommendation to issue bonds through a method other than competitive sale. Underwriter Selection • Senior Manager Selection —The City shall select a senior manager for any proposed negotiated sale. The financial advisor for the City should not be the senior manager on a negotiated sale. The selection criteria shall include, but not be limited to, the following: • Ability and experience in managing transactions similar to that contemplated by the City; • Prior knowledge and experience with the City; • Ability and willingness to risk capital and demonstration of such risk and capital availability; • Quality and experience of personnel assigned to the City's engagement; • Financing plan; and • Underwriting fees. The City of Roanoke Reserve and Debt Management Policies 7 Co- Manager Selection —Co- managers may be selected on the same basis as the senior manager. The financial advisor for the City should not be a co- manager on a negotiated sale. In addition to their qualifications, co- managers appointed to specific transactions will be a function of transaction size and the necessity to ensure maximum distribution of the City's bonds. • Underwriter's Counsel —In any negotiated sale of City debt in which legal counsel is required to represent the underwriter, the appointment will be made by the Senior Manager with final approval from the City. • Underwriter's Discount —The City will evaluate the proposed underwriter's discount against comparable issues in the market. If there are multiple underwriters in the transaction, the City will determine the allocation of underwriting liability and management fees, if any. The allocation of fees will be determined prior to the sale date; a cap on management fees, expenses and underwriter's counsel fee will be established and communicated to all parties by the City. The senior manager shall submit an itemized list of expenses charged to members of the underwriting group. Any additional expenses must be substantiated. • Evaluation of Underwriter Performance —In conjunction with its financial advisor, the City will evaluate each bond sale after completion to assess the following: costs of issuance including underwriters' compensation, pricing of the bonds in terms of the overall interest cost and on a maturity -by- maturity basis, and the distribution of bonds and sales credits. • Designation Policies —To encourage the pre- marketing efforts of each member of the underwriting team, orders for the City's bonds will be net designated, unless otherwise expressly stated. The City shall require the senior manager to: • Fairly allocate bonds to other managers and the selling group; • Comply with Municipal Securities Rulemaking Board (MSRB) regulations governing the priority of orders and allocations; and • Within 10 working days after the sale date, submit to the City a detail of orders, allocations and other relevant information pertaining to the City's sale. Limitations on Level of Debt to be Issued and Outstanding- Constitutional and Statutory Limitations: • Article VII, Section 10 of the Constitution of Virginia, the Public Finance Act and the City Charter established the City's Legal Debt Margin at 10% if the assessed value of real estate within the City shown by the last preceding assessment for taxes. The City of Roanoke Reserve and Debt Management Policies 8 • The Public Finance Act and the City Charter also establish other limits as to the amounts and types of debt the City may issue. Self- Imposed Debt Targets: • Net tax - supported debt as a percentage of the total taxable assessed value in the City (including real, personal property, and public service corporations) will not exceed 4 %. For all of the City's self- imposed debt targets, the City may exclude all or a portion of any bonds or leases that are self - supporting. • Net tax - supported general obligation debt service shall not exceed 10% of General Fund expenditures. • Net tax - supported debt will be structured in a manner such that not less than 60% of the aggregate outstanding tax - supported debt will be retired within ten years. Types of Debt Issuance • The City may issue general obligation debt for capital or other properly approved projects. The School Board may use the Virginia Public School Authority (VPSA), Qualified Zone Academy Bonds (QZAB), Qualified School Construction Bonds (QSCBs), or State Literary Fund loans to finance school capital projects. Such debt issued on behalf of the School Board constitutes general obligation debt of the City. The City Manager and the Director of Finance shall approve any application to the Commonwealth of Virginia for such debt. City Council shall approve the issuance of the bonds as required by the Public Finance Act. The School Board shall approve such financings before requesting City Council approval. The City may issue revenue bonds to fund proprietary activities such as water, water pollution control and stormwater utilities, or for other capital projects that generate adequate revenues from user fees to support operations and debt service requirements. The bonds will include written legal covenants which require that revenue sources are adequate to fund annual operating expenses and annual debt service requirements. • Capital leases may be used to purchase buildings, equipment, furniture and fixtures. The term of any capital lease shall not exceed the useful life of the asset leased. Revenue bonds may be issued by the City or other entity that are secured by a City capital lease. The City of Roanoke Reserve and Debt Management Policies 9 • Short-term borrowing may be utilized for interim financing or for other purposes as described below. The City will determine and utilize the least costly method for short-term borrowing subject to the following policies: o Bond Anticipation Notes (BANs) may be issued for capital related cash purposes to reduce the debt service during the construction period of a project or to provide interim financing for a project. The BANs shall not mature more than 5 years from the date of issuance. o Lines of Credit shall be considered as an alternative to other short-term borrowing options. o Other Short-Term Debt may be used when such instruments provide an interest rate advantage or as interim financing. • Lease financing and master lease obligations, including lease revenue bonds, may be considered as alternative financing structures. Recognizing both the historical interest rate savings and the risks associated with variable rate debt, the City will limit variable rate debt exposure to approximately twenty percent (20 %) of total outstanding debt. Debt service on variable rate bonds will be budgeted at a conservative rate. Prior to issuing variable rate debt, the City will develop a plan to mitigate the associated risks. • A derivatives policy will be approved before any use of a derivative product. Refunding of Debt The City will refund debt when it is in the best financial interest of the City to do so. Debt Service Savings —When a refunding is undertaken to generate interest rate cost savings, the minimum aggregate present value savings will be 3% of the refunded bond principal amount. The present value savings will be net of all costs related to the financing. If present value savings is less than 3 %, the City may consider the refunding efficiency as measured by option value. If the refunding efficiency of a refunding candidate exceeds 70% (on a maturity -by- maturity basis) and present value savings is less that 3 %, the City may opt to increase the universe of refunded bonds. • Restructuring — Refundings for restructuring purposes will be limited to restructuring to alleviate debt service during difficult budgetary years, achieve cash flow savings, mitigate irregular debt service payments, release reserve funds or remove unduly restrictive bond covenants. • Term of Refunding Issues —The City will refund bonds within the term of the originally issued debt. However, the City may consider maturity extension, when necessary to achieve a desired outcome, provided that such extension is legally permissible. The City also may consider shortening the term of the originally The City of Roanoke Reserve and Debt Management Policies 10 issued debt to realize greater savings. The remaining useful life of the financed facility and the concept of inter - generational equity should guide this decision. • Escrow Structuring —The City shall utilize the least costly securities available in structuring refunding escrows. If open market securities are used, a certificate will be provided by a third party agent stating that the securities were procured through an arms - length, competitive bid process that was consistent with the Federal guidelines established for the procurement of investments for escrows, and that the price paid for the securities was reasonable. Under no circumstances shall an agent or financial advisor sell escrow securities to the City from its own account. • Arbitrage —The City shall take all necessary steps to optimize escrows and to avoid negative arbitrage in its refundings. Any resulting positive arbitrage will be rebated as necessary according to Federal guidelines. See the City's Post Issuance Compliance Procedures Manual for further details. Investor Relations, Disclosure and Communication • The debt ratios outlined above will be computed annually and reported in the Comprehensive Annual Financial Report, along with a computation of net tax - supported debt per capita. • The City will maintain communication with bond rating agencies to keep them abreast of its financial condition by providing them the City's Comprehensive Annual Financial Report, Annual budget, and Capital Improvement Program. • The City will comply with all of its undertakings in accordance with Securities and Exchange Commission Rule 15c2 -21. See the City's Post Issuance Compliance Procedures Manual for further details. Debt Service Fund Balance The fund balance of the Debt Service Fund shall be reserved for the future payment of annual principal and interest payments, which includes general obligation bonds of the City, including school debt. The City of Roanoke Reserve and Debt Management Policies 11 Glossary Advance Refunding. A refinancing transaction in which new (refunding) bonds are issued to repay (refund) outstanding bonds more than 90 days prior to the first call date. The proceeds of the refunding bonds are deposited in an escrow account, invested in government securities, and used to pay debt service (interest, principal and premium, if any) on the refunded bonds through the applicable call date. For accounting purposes, refunding obligations are not considered a part of an issuer's debt. Arbitrage. The difference between the interest paid on the tax - exempt securities and the interest earned by investing the security proceeds in higher - yielding taxable securities. IRS regulations govern arbitrage on the proceeds from issuance of municipal securities. Bond Anticipation Notes (BANs). Notes that are issued to provide interim financing during project construction and are paid from the proceeds of the issuance of long -term bonds. Typically issued for capital projects. Call Provisions. The terms of the bond giving the issuer the right to redeem all or a portion of a bond prior to its stated date of maturity at a specific price, usually at or above par. Capitalized Interest. A portion of the proceeds of a bond issue which is set aside to pay interest on the same bond issue for a specific period of time. Interest is commonly capitalized for the construction period of the project. Capital Lease. A lease obligation that has met the criteria to be categorized as a capital lease as opposed to an operating lease under generally accepted accounting principles. Competitive Sale. A method of sale where underwriters submit proposals for the purchase of a new issue of municipal securities and the securities are awarded to the underwriter or underwriting syndicate presenting the best bid according to stipulated criteria set forth in the notice of sale. Continuing Disclosure. Disclosure of financial information deemed to be material with respect to the issuer's ability to repay the principal and interest of a public offered obligation. See the City's Post Issuance Compliance Procedures Manual for further details. Debt. Any obligations of the City for the payment of money issued pursuant to the Public Finance Act of Virginia. Derivative. A product, whose value is derived from an underlying security, structured to deliver varying benefits to different market segments and participants. The term The City of Roanoke Reserve and Debt Management Policies 12 encompasses a wide range of products offered in the marketplace including interest rate swaps, caps, floors and other synthetic variable rate products. Designation Policies. During a negotiated sale, the policy for how investor orders are filled when a maturity is oversubscribed (i.e., when investor demand exceeds bonds available for sale). There are three primary classifications of orders which form the designation policy: Group Net orders; Net Designated orders and Member orders. Escrow. A fund established to hold moneys pledged and to be used to pay debt service on an outstanding issue in a refunding. General Obligations. Bonds issued by the City secured by the City's pledge of its full faith and credit and unlimited taxing power. Group Net Orders. An order at the initial offering price. A group net order benefits all underwriting group according to their percentage participation in the account. Intergenerational Equity. Equity or fairness principal that those that benefit from a capital improvement should pay for it. Legal Debt Margin. The amount of federal obligation bonds and certain other interest bearing obligations (other than revenue bonds) that the City may have outstanding expressed as a percentage of the assessed value of real estate in the City as shown on the last preceding assessment for taxes. Member Order. An order submitted by a member of the underwriting group. Negotiated Sale. A method of sale in which the issuer chooses one underwriter to negotiate terms pursuant to which such underwriter will purchase and market the bonds. Net Designated Order. An order submitted by an underwriting team member on behalf of an investor on which all or a portion of the underwriting fee is to be credited to certain members of the underwriting team. The investor directs the percentage of the total designation each member will receive. Option Value. Option valuation is a methodology for evaluating the efficiency of a refunding. Option valuation calculates the maximum theoretical value of refunding a bond, then expresses the current refunding savings as a percentage of the maximum theoretical savings. Present Value. The current value of a future cash flow. Private Placement. The original placement of an issue with one or more investors as opposed to being publicly offered or sold. The City of Roanoke Reserve and Debt Management Policies 13 Rebate. A requirement imposed by Tax Reform Act of 1986 whereby the issuer of tax - exempt bonds must pay the IRS an amount equal to its profit earned from investment of tax - exempt bond proceeds at rates exceeding the tax - exempt borrowing rate. The tax - exempt borrowing rate (or "bond yield ") is calculated pursuant to the IRS code together with all income earned on the accumulated profit pending payment. Refunding. A transaction in which the City refinances an outstanding issue by issuing new (refunding) bonds and using the proceeds to immediately retire the old (refunded) bonds. Revenue Bonds. Bonds issued by the City secured by a specific revenue pledge of rates, rents or fees. Tax - Supported Debt. Debt that is expected to be repaid from the general fund tax revenues of the City. This includes general obligation bonds, appropriation - supported bonds, capital leases and in certain circumstances moral obligation bonds. For the purpose of this Debt Policy, net tax - supported debt includes general obligation debt for the City and School Board, certain bonded capital leases, and any moral obligation bonds for which the City has deposited funds to a debt service reserve fund as requested to replenish such reserve fund. Underwriter. A dealer that purchases new issues of municipal securities from the Issuer and resells them to investors. Underwriter's Discount. The difference between the price at which bonds are bought by the Underwriter from the Issuer and the price at which they are reoffered to investors. Variable Rate. An interest rate, sometimes referred to as a "floating rate," on a security that changes at intervals according to market conditions or a predetermined index or formula. The City of Roanoke Reserve and Debt Management Policies 14 6rik�� IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2018. No. 41210- 082018. A RESOLUTION accepting the Rescue Squad Assistance Fund grant made to the City by the Virginia Department of Health, Office of Emergency Medical Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Rescue Squad Assistance Fund grant made to the City by the Virginia Department of Health, Office of Emergency Medical Services, in the amount of $125,491, with a local match of $125,491, making the total funding in the amount of $250,982, to be used to purchase to purchase an ambulance and a monitor /defibrillator, as more particularly described in the City Council Agenda Report dated August 20, 2018. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any necessary documents to accept the grant, in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. ATTEST: City Clerk. R- Rescue Squad Assistance Fund (RSAF) Grant 8.20.18.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2018. No. 41211 - 082018. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Rescue Squad Assistance Fund (RSAF) Grant, amending and reordaining certain sections of the 2018 -2019 General Fund and Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2018 -2019 General Fund and Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfers to Grant Fund Vehicular Equipment Grant Fund Appropriations Vehicular Equipment Other Equipment Revenues RSAF Equipment FY19 — State RSAF Equipment FY19 — Local 01- 250 - 9310 -9535 $ 109,051 01- 440 - 2642 -9010 (109,051) 35- 520 - 3722 -9010 218,102 35- 520 - 3722 -9015 32,880 35- 520 - 3722 -3722 125,491 35- 520 - 3722 -3723 125,491 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A ti CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 20, 2018 Subject: Rescue Squad Assistance Fund Grant Acceptance Background: The Virginia Department of Health, Office of Emergency Medical Services administers a Rescue Squad Assistance Fund (RSAF) grant program that is awarded twice annually. Roanoke Fire -EMS applied for this grant in 2018 in order to purchase an ambulance and a monitor /defibrillator for a total value of $250,982. On July 1, 2018, the State Office of Emergency Medical Services awarded Roanoke Fire -EMS a grant totaling $125,491 that required a 50/50 match from the City. The grant funds are as follows: $109,051 towards the purchase of a new ambulance and $16,440 towards the purchase of a monitor /defibrillator. Fleet Management will provide the matching funds for the ambulance totaling $109,051 and the matching funds of $16,440 for the monitor /defibrillator will come from the grant match account. Considerations: City Council action is needed to formally accept and appropriate these funds, and authorize the Director of Finance to establish revenue estimates and appropriations to purchase the equipment and supplies in accordance with the provisions of this grant. Recommended Action: Accept the grant as described above and authorize the City Manager to execute any required grant agreements or documents, such documents to be approved as to form by the City Attorney. Adopt the accompanying budget ordinance to establish a revenue estimate in the grant fund for State funds in the amount of $109,051 for the ambulance and $16,440 for the monitor /defibrillator. Transfer funding in the amount of $109,051 from Fleet Management and $16,440 from the grant match account into accounts to be established in the Grant Fund by the Director of Finance. l � ---------- S. Cowell, .Jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Finance 2 Office of Emergency Medical Services Rescue Squad Assistance Fund (RSAF) Grant Awards July 1, 2018 - June 30, 2019 Conditions: 13- Acknowledgment must be provided on any printed material, equipment or vehicle as follows: "Funding was made possible by a grant from the Virginia Office of Emergency Medical Services, Virginia Department of Health." 36 -All agencies using an ePCR systems will submit in real -time unless approved in writing by the OEMS. EMS data quality will not be assessed for 30 days after an EMS incident to allow resubmission of incomplete ePCRs. 37- Agencies using imageTrend, ZOLL, or emsCharts EMS ePCR software products must submit EMS data to VPHIB via Web - services. Total: $51,613.50 59. RINGGOLD VOLUNTEER FIRE DEPARTMENT (Pl- C03106 -18) - 1 PowerLOAD System - $12,511.59 (50 / 50) State /Local Match Avg Grade: 2.50 Conditions. 13 Acknowledgment must be provided on any printed material, equipment or vehicle as follows: "Funding was made possible by a grant from the Virginia Office of Emergency Medical Services, Virginia Department of Health." 36 All agencies using an ePCR systems will submit in real -time unless approved in writing by the GEMS. EMS data quality will not be assessed for 30 days after an EMS incident to allow resubmission of incomplete ePCRs. 37- Agencies using imageTrend, ZOLL, or emsCharts EMS ePCR software products must submit EMS data to VPHIB via Web - services. 1 Stryker 6506 Power -Pro XT Cot - $8,395 32 (50 / 50) State /Local Match Avg Grade: 2.50 Conditions: 13- Acknowledgment must be provided on any printed material, equipment or vehicle as follows: "Funding was made possible by a grant from the Virginia Once of Emergency Medical Services, Virginia Department of Health." 36 -All agencies using an ePCR systems will submit in real -time unless approved in writing by the GEMS. EMS data quality will not be assessed for 30 days after an EMS incident to allow resubmission of incomplete ePCRs. 37- Agencies using ImageTrend, ZOLL, or emsCharts EMS ePCR software products must submit EMS data to VPHIB via Web - services. Total: $20,906.91 60. ROANOKE FIRE - EMS DEPARTMENT (WV- 003106 -18) - 1 Monitor /Defibrillator - $16,440.03 (50 / 50) State /Local Match Avg Grade: 1.29 Conditions: 13- Acknowledgment must be provided on any printed material, equipment or vehicle as follows: "Funding was made possible by a grant from the Virginia Offtce of Emergency Medical Services, Virginia Department of Health." 36 -Ali agencies using an ePCR systems will submit in real -time unless approved in writing by the GEMS. EMS data quality will not be assessed for 30 days after an EMS incident to allow resubmission of incomplete ePCRs. 37- Agencies using lmageTrend, ZOLL, or emsCharts EMS ePCR software products must submit EMS data to VPHIB via Web - services. 12018 Ford E -350 Wheeled Coach - $109,050.50 (50 / 50) State /Local Match Avg Grade: 1.46 Conditions: 1- Vehicle must be available for service 24 hours a day, 7 days a week. 13- Acknowledgment must be provided on any printed material, equipment or vehicle as follows: "Funding was made possible by a grant from the Virginia Office of Emergency Medical Services, Virginia Department of Health." 35 -All ambulances must be compliant with Virginia Emergency Medical Services Regulations 12VAC5 -31- jll 5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2018. No. 41212 - 082018. A RESOLUTION authorizing acceptance of the FY2019 Fire Programs Funds Grant made to the City of Roanoke by the Virginia Department of Fire Programs, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Fire Programs the FY2019 Fire Programs Funds Grant in the amount of $335,857, with no local match, such Grant being more particularly described in the City Council Agenda Report dated August 20, 2018. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the Grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Department of Fire Programs in connection with the acceptance of the foregoing Grant. R -Fire Program Grant- FY19.doc ATTEST: Y�n City Clerk, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2018. No. 41213 - 082018. AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Fire Programs, amending and reordaining certain sections of the 2018- 2019 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2018 -2019 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment <$5,000 Training and Development Wearing Apparel Recruiting Regional Fire Training Academy Revenues Fire Program FY19 35- 520 - 3383 -2035 $ 145,000 35- 520 - 3383 -2044 50,000 35- 520 - 3383 -2064 128,625 35- 520 - 3383 -2065 5,000 35- 520 - 3383 -9073 7,232 35- 520 - 3383 -3383 335,857 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: bn City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 20, 2018 Subject: Virginia Department of Fire Programs FYI Funding for Roanoke Fire -EMS Background: The Fire Programs Fund was established by the General Assembly during the mid- 1980s. Program funds are used to supplement the Fire -EMS budget in the General Fund. Program guidelines require that funds received are non - supplanting and may not be used to replace existing local funding. Roanoke Fire -EMS has been awarded FYI funding in the amount of $335,857. The funds will be spent as follows: Expendable Equipment < $5,000 $145,000 Training and Development $ 50,000 Wearing Apparel $128,625 Recruiting $ 5,000 Regional Fire Training Academy $ 7,232 Considerations: Council action is required to accept the funds in the amount of $335,857 from the Virginia Department of Fire Programs. Recommended Action: Authorize the City Manager to accept the grant and file any documents, approved as to form by the City Attorney, setting forth the conditions of the FYI Fire Programs Funds Grant, and to furnish such additional information as may be required. Adopt the accompanying budget ordinance to establish a revenue estimate for Fire Program FYI and to appropriate funding in the amount of $335,857 into accounts to be established by the Director of Finance in the Grant Fund. -�-- - I<,-- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Finance 2 ov IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2018. No. 41214- 082018. A RESOLUTION accepting the Conference and Education Assistance grant to the City from the Virginia Department of Fire Programs, and authorizing execution of any required documentation on behalf of the City in connection with such grant. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from Virginia Department of Fire Programs, a grant in the amount of $10,000, with no local match from the City, such funding to be used to host a training event that will focus on fire service leadership, culture change and human resource related topics, all of which is more particularly described in the City Council Agenda Report dated August 20, 2018, 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. Conference and Education Assistance grant -VDFP 8.20.18.doc ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2018. No. 41215- 082018. AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Fire Programs, amending and reordaining certain sections of the 2018- 2019 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2018 -2019 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Conference Expenses Revenues VDFP Conference and Education Assistance FY19 35- 520 - 3382 -2310 $ 10,000 35- 520 - 3382 -3382 10,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. e COUNCIL CITY To: Honorable Mayor and Members of City Council Meeting: August 20, 2018 Subject: Virginia Department of Fire Programs Training & Conference Grant Acceptance Background: Earlier this year, the Virginia Department of Fire Programs "VDFP" accepted applications for grants to be used by local fire departments for conference and education assistance. The City of Roanoke received notification that Roanoke Fire -EMS will be receiving $10,000 to host a training event in the city of Roanoke. The training event will focus on fire service leadership, culture change and human resource related topics. Considerations: City Council action is needed to formally accept and appropriate these funds. Recommended Action: Accept the grant as described above and authorize the City Manager to execute any required grant agreements or documents, such to be approved as to form by the City Attorney. Establish a revenue estimate of $10,000 in the Grant Fund and appropriate funding in the same amount into an expenditure account establ' y t e Director of Finance. r' -- - ---------------- Robert `S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Finance Michael Reilly EXECUTIVE DIRECTOR Brenda Scaife CHIEF ADMINISTRATIVE OFFICER July 23, 2018 Tiffany Bradbury Roanoke Fire —EMS 713 Third St., SW Roanoke, VA 24016 Dear Ms. Bradbury: Virginia Department of Fire Programs Finance Branch 1005 Technology Park Drive Glen Allen, VA 23059 -4500 Phone: 804 /371 -0220 Fax: 804/ 371 -3358 We are pleased to advise the Roanoke Fire — EMS of an assistance award of $10,000 under the 2019 Conference and Education Assistance Program for support of the Leadership Symposium as proposed in your assistance application. Funds are being made available for FY -2019. The performance period of the award is July 1, 2018 to June 30, 2019. In order to remain eligible for the award the enclosed acceptance letter must be signed and returned to me no later than August 13, 2018. The document can be returned via a mailing service or email. Disbursement of the assistance award in the amount of $10,000 is scheduled for release by September 30, 2018 pending my receipt of your signed acceptance certification document. Be advised that the terms and conditions of this assistance award are set forth in the Conference and Education Administrative Policy & Application Instructions (available on our website). Further, the recipient will provide in writing to the Virginia Department of Fire Programs an accounting and after action report within thirty (30) days of the conference conclusion or June 30th depending on the event date. A copy of the event itinerary along with invoices totaling the amount of award shall be included in the submission. If you have any questions, feel free to contact me at my office 804/249 -1958, or via email at Theresa.Hunter@vdfp.virginia.gov. Respectfully, Theresa Hunter Budget and Grants Manager (P;-L, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2018. No. 41216- 082018. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the public storm drainage system that conveys stormwater from White Oak Road, S.W., Roanoke, Virginia to the unnamed tributary of Ore Branch, S.W., Roanoke, Virginia (Project); authorizing City staff to acquire such property rights by negotiation for the City; authorizing the City Manager to execute appropriate acquisition documents; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City wants and needs certain real property rights, to include permanent easements of variable length and width, temporary easements, and such other real property interests as needed, as set forth in the City Council Agenda Report dated August 20, 2018, for the Project, located along White Oak Road, S.W., Roanoke, Virginia to the unnamed tributary of Ore Branch, S.W., Roanoke, Virginia, corridor and surrounding streets. The proper City officials and City staff are hereby authorized to acquire by negotiation for the City the necessary real property interests and appropriate ancillary rights with respect to the real property parcels referred to in the above mentioned City Council Agenda Report, and any other real property interests needed for the Project. All requisite documents shall be approved as to form by the City Attorney. 2. The City Manager is further authorized to execute appropriate acquisition documents for the above mentioned parcel(s), and such other real property interests needed for the Project, for such consideration as deemed appropriate for the necessary interests, provided, however, the total consideration offered or expended, including costs, title search fees, appraisal costs, recordation fees, and other related costs shall not exceed the funds available in the Project's account for such purposes, without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of appropriate acquisition documents, approved as to form by the City Attorney, the Director of Finance is authorized to pay the respective consideration to the owners of the real property interest conveyed, certified by the City Attorney to be entitled to the same. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: �.... --�.. 41u) City Clerk. O- authorize acquis of prop rights -storm drainage system -White Oak Rd to Ore Branch (8.6.18) 2 1r" CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 20, 2018 Subject: Acquisition of Real Property Rights for public storm drainage system. Background: The public drainage system that conveys stormwater from White Oak Road to the unnamed tributary of Ore Branch is in need of routine inspection and preventative maintenance by the Stormwater Utility. In order to perform such routine inspection and preventative maintenance, the City will need to acquire real property rights from various private property owners. Considerations: City Council action is necessary to authorize the acquisition of real property rights. Permanent drainage easements of variable length and width are required to accommodate maintenance activities and will affect three (3) properties in the general vicinity. The properties that have been identified are as follows: Tax Map Parcel Address Owner Required Property Rights ights 1300114 3277 White Oak ,John C. Chappell Permanent Drainage Road, SW Lashelle S. Chappell Easement 1300115 3281 White Oak Isaac R. Cockfield, Jr Permanent Drainage Road, SW Karla Webb Cockfield Easement 1300121 3302 Franklin Road, SW Vistar Properties, LLC Permanent Drainage Easement Recommended Action: Authorize the acquisition of any and all real property rights needed to establish permanent drainage easements for the existing public stormdrain system, by negotiation and execution of the appropriate acquisition documents by the City Manager, such documents to be approved as to form by the City Attorney. Robert S. Cowell Jr. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Acting Director of Finance Robert K. Bengtson, P.E., Director of Public Works Dwayne R. D'Ardenne, CSM, PWM, Stormwater Manager Chris L. Yow, PE, Senior Stormwater Engineer .Joseph .Judy, Civil Engineer I Cassandra L. Turner, Economic Development Specialist z IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2018. No. 41217 - 082018. A RESOLUTION supporting the application of Roanoke Electric Steel Corporation, d /b /a Steel Dynamics Roanoke Bar Division ( "Roanoke Electric Steel ") for an additional $450,000 Industrial Access Railroad Track Program Grant from the Commonwealth of Virginia Department of Rail and Public Transportation to support its $28 million expansion of the Roanoke facility, increasing efficiency, production, and employment. WHEREAS, City Council adopted Resolution No. 40835- 060517, on June 5, 2017, supporting Roanoke Electric Steel's application for a $300,000 Industrial Access Railroad Track Program Grant from the Commonwealth of Virginia Department of Rail and Public Transportation; WHEREAS, City Council adopted Resolution No. 40943 - 090517, on September 5, 2017, supporting Roanoke Electric Steel's application for an additional $150,000 Industrial Access Railroad Track Program Grant from the Commonwealth of Virginia Department of Rail and Public Transportation for a total grant allocation of $450,000; WHEREAS, Roanoke Electric Steel wishes to request an additional $450,000 from the grant program, with no local match required; WHEREAS, Roanoke Electric Steel has expressed its intent and desire to the City of Roanoke ( "City "), to expand its commercial, business, or industrial operations in the City of Roanoke, Virginia; WHEREAS, Roanoke Electric Steel and its operation will require rail access; WHEREAS, the officials of Roanoke Electric Steel, have reported to the City, their intent to apply for an Industrial Access Railroad Track Program Grant from the Commonwealth of R- Industrial Access Railroad Track Funds - Roanoke Electric Steel (8.20.18) 1 Virginia's Department of Rail and Public Transportation in the amount of $450,000; and WHEREAS, Roanoke Electric Steel has requested that the City provide a resolution supporting its application for said funds, which are administered by the Commonwealth of Virginia Department of Rail and Public Transportation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Roanoke, Virginia that: 1. The City hereby endorses and supports the application of Roanoke Electric Steel, for $450,000 in an Industrial Access Railroad Track Program Grant, with no local match required, all as more fully set forth in the City Council Agenda Report dated August 20, 2018. ATT ST: City Clerk R- Industrial Access Railroad Track Funds- Roanoke Electric Steel (8.20.18) 2 4F �' °~ CITY COUNCIL AGENDA REPORT vlliGllzS To: Honorable Mayor and Members of City Council Meeting: August 20, 2018 Subject: Approval of Resolution Supporting Roanoke Electric Steel Corporation's Application for a $450,000 Industrial Access Railroad Track Program Grant to Support the Company's $28 Million Expansion Background: Since 1955, Roanoke Electric Steel Corporation (dba Steel Dynamics - Roanoke Bar Division) has been engaged in manufacturing, scrap processing, and marketing of merchant steel products and billets. Originally founded as Roanoke Steel, the company was acquired by Fort Wayne, Indiana -based Steel Dynamics in 2007. The company employs approximately 425 individuals at the Roanoke facility, and provides well above average wages and benefits for this region. Roanoke Electric Steel Corporation officially announced in February 2017 a $28 million expansion project at the Roanoke facility located at 102 Westside Boulevard, N. W.; this expansion will require new storage shelters, expansion of the railroad track network, and rehabilitation of an existing building to integrate a new reheating furnace and a new finishing area into the facility. The project would increase melting and casting capability to increase rolling capacity from the current 500,000 tons to over 600,000 tons per year. This project also adds product diversification to allow the company to quickly grow market share. City Council adopted Resolution No. 40835- 060517 on June 5, 2017, supporting Roanoke Electric Steel Corporation's Industrial Access Railroad Track Program grant application for the first phase of its expansion project in the amount of $300,000. On September 5, 2017, City Council adopted Resolution No. 40943 - 090517, ratifying and reaffirming Resolution No. 40835- 060517 to support an increase in the requested grant amount to $450,000. The first phase of the expansion has already resulted in the creation of approximately 11 new full -time positions, and will necessitate retraining of approximately 307 employees with assistance from the Virginia Jobs Investment Program. Considerations: Roanoke Electric Steel Corporation is applying for an additional grant from the Virginia Department of Rail and Public Transportation for an Industrial Access Railroad Track Program to assist with additional rail upgrades. As part of the required grant application, a resolution from City Council must be included stating support for funds to be allocated to the proposed expansion and upgrading of rail on the company's property at 102 Westside Boulevard, NW. The requested grant amount of $450,000 will go towards approximately $2.1 million in rail upgrades at the Roanoke facility; no city funding is required. The second phase of the project will add 1000 feet of new railroad track, and will allow for more efficient loading of railcars into the shipping department, thereby making operations more efficient. Presently, 3,257 inbound and 1,713 outbound rail cars access the plant each year and with this expansion it is anticipated the number of rail cars will increase 34% annually, to 4,361 inbound and 2,293 outbound, necessitating the improvements to track efficiency. The second phase of the expansion will assist in the retaining and training of 10 -12 jobs, and will add necessary improvements that will aid in the overall efficiency of operations. Recommended Action: Adopt the attached resolution to support Roanoke Electric Steel Corporation's Industrial Access Railroad Track Program grant application in the amount of $450,000 from the Department of Rail and Public Transportation to assist with the second phase of rail upgrades on the company's property, which will support a major expansion of the Roanoke facility, increasing efficiency, production, and employment. a� Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager Amelia C. Merchant, Director of Finance Rob Ledger, Acting Director of Economic Development Sean Adkins, Economic Development Specialist 2 G `�S IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2018. No. 41218 - 082018. A RESOLUTION authorizing the City Manager to execute a change order to the City's Contract with RPI Consultants, LLC., for professional services to upgrade the Lawson HR/Payroll system. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute, for and on behalf of the City, in a form approved by the City Attorney, a Change Order to the City's Contract with RPI Consultants, LLC., in an amount not to exceed $438,342, for professional services to upgrade the Lawson HR/Payroll system, all as more fully set forth in the City Council Agenda Report dated August 20, 2018. 2. The form of such change order and any additional change orders shall be approved by the City Attorney. 3. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of the Contract, as amended by the change order, and any such additional amendments. Such documents shall be approved as to form by the City Attorney. R - Change Order RPI Consultants - Lawson system 8.20.18.doc ATTEST: City Clerk. CITY COUNCIL AGENDA REPORT s„ ue �1 Ak To: Honorable Mayor and Members of City Council Meeting: August 20, 2018 Subject: Amendment to RPI Contract Background: A request for proposals was issued for professional services to upgrade the Lawson HR /Payroll system. Specialized certifications are required to install and upgrade this system. In May 2016, the City entered into a contract with RPI in the amount of $166,640 to upgrade the system to ensure continued vendor support. Strategic planning involving reviewing HR /Payroll related systems was recently completed. It was determined that upgrading to the Lawson Global HR system would facilitate incorporating several currently disparate systems into one. This is a major upgrade that will require more professional services than the last upgrade. Considerations: An increase in the contract of $271,692 is needed to complete the Global HR upgrade project. Council approval is required to amend the contract by change order. Funding is available in the project account 08- 430 - 9243 -9003, Lawson Upgrade FYI 9. Recommended Action: Authorize the City Manager to execute the change order as mentioned above, approved as to form by the City Attorney, to the City's contract with RPI in an amount not to exceed of $438,342 for additional professional services. Authorize the City Manager to take such actions and to execute such documents, as may be necessary to provide for the implementation, administration, enforcement of all such change orders to the above - m;el ned ct with RPI, as well as the contract itself. RS. Cowe , r. City Manager Distribution: Council Appointed Officers Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Finance IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2018. No. 41219 - 082018. A RESOLUTION approving the terms of a Letter Agreement between the City of Roanoke, Virginia, and Monument Roanoke, LLC, for access to parking permits for the Heironimus Building Project (Project); authorizing the City Manager to execute the Letter Agreement referred to above; and authorizing the City Manager to execute such other documents and to take such further actions as may be necessary to implement, administer, and enforce such Letter Agreement. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of a Letter Agreement between the City of Roanoke, Virginia, and Monument Roanoke, LLC, for access to unreserved residential parking permits for the Project, as set forth in the attachment to the City Council Agenda Report dated August 20, 2018. 2. The City Manager is authorized on behalf of the City to execute a Letter Agreement between the City of Roanoke, Virginia, and Monument Roanoke, LLC, for access to unreserved residential parking permits for the Project, upon certain terms and conditions as set forth in the City Council Agenda Report dated August 20, 2018. Such Letter Agreement shall be substantially similar to the one attached to such report and in a form approved by the City Attorney. 3. The City Manager is further authorized to execute such other documents and take such further actions as may be necessary to implement, administer, and enforce such Letter Agreement. R- Heironimus Building Project - parking permits (8.20.18).doc ATTEST: P� City Clerk CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 20, 2018 Subject: Authorization for a Letter Agreement for Access to Residential Parking Permits for the Heironimus Building Project Background: The renovation of the former Heironimus Building at 401, 409, 415, and 0 Jefferson Street, S.W., will be a significant project for the long term growth and vitality of downtown Roanoke (the "Project "). The project's proposed development is being undertaken by Monument Roanoke, LLC, a Virginia limited liability company (the "Company "). In order to facilitate this project's financing, Monument Roanoke, LLC's lender has requested that the Company obtain access to off - street parking in support of the project's proposed upper floor residential dwelling units during the term of the original permanent financing commitment, which is thirty years. Considerations: A Letter Agreement (Agreement), a copy of which is attached to this report, dated August 22, 2018, has been developed that is acceptable to the Company and its lender. The Agreement contains the terms and conditions under which up to 110 parking permits will be made available in the City's downtown parking system to residents of the Project who choose to obtain parking from the City's Park Roanoke system. The parking permits would be made available to residents upon request during the term of the Agreement at the then current applicable posted residential parking rate as established by the City Council. Residents of the Project who wish to obtain parking permits under this Agreement will be subject to all of the terms and conditions to which all other residential parking customers in the City's parking system must comply. The availability of parking permits in any specific parking garage or lot will be at the sole discretion of the City parking administration, Park Roanoke, but reasonable efforts will be used to place residents in parking facilities in closest proximity to the Project. The Agreement also provides for conditions under which the City could terminate the Agreement, including certain reductions in the size of the City's parking system during the Agreement's term; in the event of non - appropriation of funds to operate the parking system; and upon certain reductions to the number of, or cessation of the use of, the residential units in the Project during the term of the Agreement. The City's role in facilitating, supporting, and sustaining the long term revitalization of this significant structure located along the Jefferson Street corridor is a key component of the goal of maintaining downtown Roanoke as the center of the region. The Project also supports the City's efforts to expand housing choices in downtown and adds to the expansion of commercial and retail opportunities along a corridor which links the core of downtown to the emerging medical and research campus at the Riverside Center immediately to the south. Recommended Action: Approve the terms of the Agreement between the City and Monument Roanoke, LLC, as set forth in the attachment to this Report and authorize the City Manager to execute the Agreement between the City and Monument Roanoke, LLC, substantially similar to the one attached to this report, and to execute such other documents and take such further actions as may be necessary to implement, administer, and enforce such Agreement, with the form of such Agreement to be approved by the City Attorney. w Robert S. Cowell, Jr. City Manager Attachment Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Robert Ledger, Acting Economic Development Director Jamie Cooke, General Manager, Park Roanoke 2 OFFICE OF THE CITY MANAGER Nast C Taylor Mum:ipal Building 215 Church Awnuc, S W., Room 364 Roanoke, Virginia 14011 540 -853 -2333 www manokcva go% August 22, 2018 Mr. Christopher Johnson C/o Monument Roanoke, LLC 1425 E. Cary Street Richmond, VA 23219 Re: Letter Agreement Dear Mr. ,Johnson: The City of Roanoke owns, operates, and manages a public parking system in its downtown which is currently comprised of seven parking garages and six off - street parking lots which contain a total of approximately four thousand (4,000) parking spaces. This is a letter agreement (the "Agreement ") between the City of Roanoke, Virginia (the "City ") and Monument Roanoke, LLC (the "Company "), its successors and assigns, that provides, to the extent permitted by law, access to public parking for individual residents of residential dwelling units (as defined in Appendix A. Definitions of Section 36.2 Zoning, of the Code of the City of Roanoke, 1979, as amended) to be located in the Heironimus development located in downtown Roanoke, at 401, 409, 415, and 0 Jefferson Street, S.W., (the "Development ") which is being developed by the Company. The City agrees to make available upon request by such residential tenants up to a total of i 10 parking permits for use in off - street parking garage or parking lot facilities that the City owns, operates, and manages under the following terms and conditions: i . The determination of availability of parking permits in any specific parking garage or parking lot owned, operated, and managed by the City will be at the City's sole discretion, provided the City will use reasonable efforts to make parking permits available to the residents at facilities closest in proximity to the Development. The closest garage with capacity for residential parking permits at this time is located at 121 Church Avenue, S.W. 2. The parking permits will be made available to residents of the Development during the term of this Agreement at the then current applicable posted residential parking rate, or other applicable rate, established and as modified from time to time by the City Council of the City of Roanoke. All such parking permits for residents who qualify shall be subject to the terms and conditions of any application and /or agreement documents that other residential parking patrons are subject to, as well as any other requirements for such permits that may be promulgated from time to time by the City Manager or City Council for the use of such permits. Currently, qualified residents of the Central Business District may apply for monthly residential parking permits at the rate of $25.00 per permit per month. 3. The City will make available up to a total of 110 parking permits upon request by such residents in the Development for the duration of the project's original thirty (30) year financing term. The City acknowledges and agrees this Agreement may be assigned, in its entirety but not in part, to any lender or a successor owner of the Development during the term of this Agreement, but under no circumstances shall the term of this Agreement exceed a total of 30 years from the initial issuance of residential parking permits pursuant to this Agreement. 4. The City's obligations under this Agreement to provide access as set forth above to such parking permits is specifically subject to the following conditions: a. The availability of funds and the appropriation of such funds by the City Council as may be necessary to operate and manage the City's parking garages and lots. b. The City maintaining ownership, operation, and management of parking garages and lots through the duration of the agreement; provided if more than 2,500 of the parking spaces currently managed by the City are sold or transferred to a single third party (or more than one party if part of a single transaction or series of transactions to individuals or entities having a common control group) during the term of this Agreement then this Agreement shall be binding on such successor. Except as provided in the preceding sentence, should the total number of parking spaces in such facilities fall below one thousand (1,000) during the term of this Agreement, this Agreement may be terminated by the City in its sole discretion. C. If more than twenty five percent (25 %) of the residential dwelling units in the Development are no longer used as active residential dwelling units during the term of this Agreement, or if the Development shall close or cease operation of the residential dwelling units in their entirety for any consecutive twelve (12) month period, this Agreement may be terminated by the City in its sole discretion. d. In the event of a breach by the City under the terms of this Agreement, the Company, its successors and /or assigns, shall give written notice to the City setting forth the nature of the breach and the City shall have thirty (30) days following receipt of the notice to cure the breach, provided that if the cure cannot be reasonably completed within thirty (30) days following the City's receipt of written notice the City shall be granted additional time to cure the same provided it diligently proceeds to do so. All notices to the City shall be sent via overnight delivery or certified mail, return receipt requested to: City Manager, City of Roanoke, 215 Church Avenue, S.W., Suite 364, Roanoke, VA 24011. Should the City fail to cure any default within the time period set forth in the preceding sentence, the City shall be deemed in default of this Agreement and the Company may exercise all rights and remedies available to it under Virginia law, provided the City's liability, if any, shall be limited to an amount not to exceed the lesser of (i) the actual cost of any excess amount that it would cost the Company to provide such parking permits over what the City would have charged to provide such parking permits or (ii) an amount not to exceed a total of $100,000. e. The City shall not be liable for its inability to perform its obligations under this Agreement by reason of strikes, lock- outs, casualties, acts of God, labor troubles, failure of power, governmental laws or regulations, riots, insurrection, war or other causes beyond the reasonable control of the City. 5. The Company shall indemnify and hold harmless the City, its Parking Management Company (if any), and their officers, agents, and employees against any and all liability, losses, damages, claims, causes of action, suits of any nature, costs and expenses, including reasonable attorney's fees, resulting from or arising out of (a) the Company's, its assignees, or their employees', agents', or subcontractors' actions, activities, or omissions, negligent or otherwise, on or near the City's property or the area where any construction related to the Development takes place or (b) claims made by residential tenants of the Development related to the location of the parking provided by the City to such tenants under this letter agreement (collectively, the "Tenant Claims "). Notwithstanding the foregoing, the Company shall only be required to indemnify and hold the City harmless from a Tenant Claim provided the agreement between the City (and its Parking Management Company, if any) and the residential tenant of the Development related to such parking is substantially in the form of Exhibit A attached hereto and made a part hereof with respect to the availability of parking permits requested by the Tenant within a specific garage owned by the City. If the Company agrees to the terms and provisions set forth herein, please have an authorized representative sign and return to me the original of this letter. Thank you for your cooperation in this matter. City of Roanoke, Virginia By: Robert S. Cowell, Jr., City Manager Monument Roanoke, LLC hereby acknowledges that it has read the above Letter Agreement document and does hereby agree to and accepts all such provisions. Date: Monument Roanoke, LLC By: Monument Roanoke OZ MM LLC Its Manager By _ Christopher D. Johnson, Manager EXHIBIT A PARK Roanoke P.O. Box 83, Roanoke, VA 24002 117 Church Ave., SW, Roanoke, VA 24011 (540) 343 -0585 - (540) 342 -6447 FAX PARK Email: parking @parkroanoke.com ROANOKE www.PARKRoanoke.com Start Date Accountholder's Name RESIDENTIAL MONTHLY PARKING PERMIT APPLICATION & AGREEMENT Social Security Drivers License # Daytime Telephone I . __— Home Telephone Biling Address City - ___. -- .._______- _.__....._ -__ ____.. State _._._ Zip Code Email Address Parker's Name (if different from above name) Cellular Telephone Vehicle Make/ModeltColOr .__. License Plate _ Vehicle MakwModel/Color Employer License Plate Employer Telephone PLEASE READ & INITIAL THE FOLLOWING TERMS, QUALIFICATIONS & CONDITIONS CAREFULLY For the purposes of this application and agreement in order to apply for the City of Roanoke's Residential Parking Rate. a resident must live in the Central Business District (CBD) as defined in Section 20 -77 et seq of the Code of the City of Roanoke For the purposes of this application and agreement, the terms parker, applicant, resident, and accountholder are interchangeable and have the same meaning Only qualified residents of the CBD may apply for a maximum of two (2) permits, per dwelling unit. Such permit(s) may be for any of the City of Roanoke's owned and/or controlled parking garages and lots operated by PARK Roanoke, Such perm t(s) shall only be for an unreserved parking permit on a month -to -month basis at the rate mandated by Roanoke City Council in the parking garage or lot for which it is purchased Application for each garage or lot is subject to availability and +t is at PARK Roanoke's sole determination whether such permits are available for the requested garage or lot If PARK Roanoke determ yes that permits are not available for a particular garage or lot location, then no permits wil' be issued for that garage or lot Each resident must provide a lease, deed or tax document supporting that the dwelling unit is their residence All documents are subject to verification and may be requested every six months after a residents parking account has been established, and/or one (1) month prior to documentation expiration when applicable Each resident must provide proof of occupancy including but not limited to, a valid drivers license, voter registration card, telephone bill, electric bill and or cable bill in the resident s name at the dwelling unit from which they are applying. Proof may be requested every six months after a resident s parking account has been established. Each resident must provide a valid vehicle registration in the name of the resident and/or permanent occupant residing at the same address as the resident. If a resident does not own the vehicle they must provide a notarized written statement from the vehicle's owner staling that the resident is authorized to use the vehicle in such cases where one (1) resident is applying for two permits, both vehicles must be in their name If a resident has a parking permit (reserved or unreserved) which is provAed without charge or at a discount to such resident under another City of Roanoke sponsored and /or supported program or agreement, such resident will not be eligible to receive the Residential Parking Rate Previously qua'ified residents and new applicants shalt be subject to all of the terms and conditions In this PARK Roanoke Residential Monthly Parking Permit Agreement Payments are due and must be received by the 51h of every month Accounts for which PARK Roanoke receives payment after the 5th of the month will be subject to a S5 00 late fee per permit or access key card Failure to pay by the 15th of the month will cause key cards to be deactivated and a reactivation fee of $15 00 will apply Checks returned for insufficient funds'will be charged a $35 00 per return item fee, rn addition to the $5 00 late fee Revised 10/26/2015 A S10 00 key card deposit wi, I be charged the first month for each key card at account set -up. The deposit shall be refundable if the " key card is returned within 30 days of cancellation of the Monthly Parking Permit provided the account is paid in full and written notice is received by the PARK Roanoke office prior to the 15' of the month If written notice is not received prior to the 15"' or the month then the account will be ineligible for a key card deposit refund. There is a $10.00 non - refundable charge for replacement of any lost stolen or damaged hanglag or access key card. If your parking permit or space is no longer needed, notification must be submitted to the PARK Roanoke office, in writing, by 5pm on the last business day of the month prior to the first day of the effective month If written notice is not received by PARK Roanoke by 5pm on the last business day of the month. you will be liable for parking charges for the following month. If PARK Roanoke does not receive written notice to cancel the Monthly Parking Permit, you will continue to be charged for monthly parking lhereatler Account credit is only allowed in the amount less than or equal to three times the monthly rate code for your parking permit and location Charges are not prorated for vacations illnesses, early cancellations or other contingencies Monthly permits are non- transferrab�e to another parker, person, resident or company New parkers may be selected from a wailing list PARK Roanoke reserves the right to terminate any or all monthly permits and key cards immediately for good and just cause and without incurring liability of any type to the undersign pa er. Rates are subject to change at any time by the posting of rates in the garage or on the lot or other means of notification. Any vehicle parked in a PARK Roanoke garage or lot without a current hanglag displayed on the rear view mirror facing outward will be subject to towing, ticketing, or booting at the owner's expense without notice Garages with key card access where hangtags are not issued are exempt from this requirement. Only vehicles identified on this application for reserved parking are permitted to park in spaces designated as "reserved parking ' All other vehicles parked in reserved spaces are subject to towing, ticketing or booting at the owner's expense. Reserved parking spaces are valid only from 6:00 a.m. to 6:00 p m. Monday through Friday, excluding holidays. Reserved space parkers must park in their designated reserved parking space from 6 00 a m. to 6 00 p.m, Monday through Friday, excluding holidays. AN violators are subject to towing, ticketing, or booting at the owner's expense Unreserved monthly park ng spaces are guaranteed to be available only from 6 00 a m to 6:00 p.m, Monday through Friday, excluding holidays. Monthly packers are prohibited from parking in areas designated as "daily parking only." Al violators are subject to towing, ticketing, or booting at the owner's expense. Long term storage of vehicles is not permitted in any PARK Roanoke facility without express written permission from PARK Roanoke. Abandoned vehicles will be towed at the owner's expense vehicle maintenance, oil changes car washing, etc is expressly prohibited Each permit is valid for one vehicle in the designated parking garage or lot, at a Ime Sharing of access key cards andlor hangtags Is strictly prohibited and will result in the suspension and/or revocation of parking privileges. PARK Roanoke. City of Roanoke and Lancor Parking LLC, and their employees agents, and representatives are not and shall not be responsible for any theft or damage to individuals: vehicles or property while in any garage or on any lot No baltment of any type is hereby created To reduce the chance of theft or damage, please place your personal items out of sight, lock your doors and avoid parking in garages and/or lots alone after normal business hours All packers park at their own risk at all times and assume the risk of any injuries and damages The undersigned parker understands that all PARK Roanoke and City owned garages and lots are 'Non-Smoking.' The undersigned parker agrees to be responsible for any towing charges for any vehicle covered by or using the parking permit or access key card The undersigned parker further agrees to pay for any ticketing and/or booting charges that maybe issued for any vehicles covered by the parking permit or access key card Such ticketing, booing, and/or boot removal charges may be set by the City Manager from time to time The PARK Roanoke manager shall enforce this Agreement in the City of Roanoke ( "City ") owned and/or operated parking garages and lots. The City Manager may take such further actions and /or adopt policies and procedures to implement, administer, an enforce this Agreement. The undersigned parker agrees to comply with any such policies and procedures, a copy of which will be provided to the undersigned parker by regular mail or by emaa I CERTIFY THAT I HAVE READ AND FULLY UNDERSTAND AND AGREE TO THE TERMS, QUALIFICATIONS AND CONDITIONS ABOVE AND TO PAY THE POSTED RATE. I HAVE BEEN GIVEN THE OPPORTUNITY TO ASK QUESTIONS AND TO HAVE THEM ANSWERED BY A PARK ROANOKE REPRESENTATIVE. Accountholder's Signature Parker's Signature (If different from above) Date: Date: Witnessed or Received by Date: Revised 10/26/2015 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2018. No. 41220 - 082018. A RESOLUTION authorizing the City Manager to execute two agreements; one between the Treasurer for the City of Roanoke, Virginia, and the City of Roanoke, Virginia, and the other between the Commissioner of Revenue for the City of Roanoke, with both agreements intended to establish a framework that supports a productive and mutually beneficial working relationship that enables City Council, the City Administration, and all Elected and Appointed Officers to better fulfill their responsibilities while providing greater transparency to the public. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized to execute and attest respectively the two agreements attached to the City Council Agenda Report dated August 20, 2018; one between the Treasurer for the City of Roanoke, Virginia, and the City of Roanoke, Virginia, and the other between the Commissioner of Revenue for the City of Roanoke. 2. These two agreements described in the City Council Agenda Report dated August 20, 2018 shall be in a form approved by the City Attorney. ATTEST: 1"W W- L City Clerk. R -MOU between Treasurer and Commissioner and the City.doc IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2018. No. 41221- 082018. AN ORDINANCE adjusting compensation for the Commissioner of Revenue and City Treasurer for the year retroactive to January 1, 2018; and dispensing with the second reading of this ordinance by title. WHEREAS, the Commissioner of Revenue and City Treasurer have agreed to undertake the additional duties of administering local trust taxes, sales tax, delinquent collections, and city- wide accounts receivable, on behalf of the City of Roanoke, as well as agreeing to work closely with City Administrators in helping to ensure that the health and resiliency of the City's revenue base is monitored, understood and effectively maintained; and WHEREAS, City Counsel recognizes the benefits to the City in having these constitutional officers undertake such additional duties. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: Beginning with the January 10, 2018 pay check, the annual salaries of the Commissioner of Revenue and City Treasurer shall be adjusted to reflect an increase of ten percent (10 %) above the salary paid to the Commissioner of Revenue and City Treasurer and such additional pay increase shall remain a part of these constitutional officer's annual salary unless and until modified by ordinance duly adopted by Council. 2. Any increase in compensation due under this ordinance shall be paid retroactively from January 1, 2018. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: yy� 40 ., City Clerk. Salary Adjustment - Treasurer and Commissioner 8.20.18.docx CITY COUNCIL AGENDA REPOR To: Honorable Mayor and Members of City Council Meeting: August 20, 2018 Subject: Agreements - Treasurer and Commissioner of the Revenue Background: The Treasurer and Commissioner of the Revenue [Commissioner] are Constitutional Officers designated by the Commonwealth to perform specific state and local functions. The Virginia Compensation Board determines the number of positions and the associated salary levels it will fund in each office. Localities may supplement salaries and add, positions that are 100% funded by the locality. The Commonwealth requires localities to provide space, equipment, and other types of support necessary for these offices to function. Constitutional Officers, including the Treasurer and Commissioner, sign agreements with the City that allow for their admission into the City's pay and benefit structure in return for compliance with City of Roanoke administrative and personnel operating procedures. Last signed in 2004, the Treasurer's and Commissioner's agreements need updating. Both the Treasurer and Commissioner began new four -year terms on January 1, 2018. Updated agreements were drafted that more accurately reflect the current relationship amongst these Constitutional Officers, City Council, and City Administration. Considerations: In an effort to improve customer service and consolidate responsibilities, City Administration and Constitutional Offices have been working together over the past several years to restructure tax administration and collection responsibilities. Principal changes were related to the transfer duties from the Department of Finance to Constitutional Offices, as follows: To Treasurer's Office: - Delinquent Tax Collections (7/1/13) - Miscellaneous Accounts Receivable (7/1/17) - Local Trust Tax Collections (711117) To Commissioner of the Revenue's Office: - Local Trust Tax Administration (7/1/17) - Local Sales Tax (71 1/ 17) Additionally, it was agreed that the legacy information systems used to administer various taxes and collections needed to be replaced with a modern, integrated revenue system. The Treasurer' Office, Commissioner's Office, Department of Technology and Municipal Auditing developed specifications for a new system in 2017 and began installation of the procured product this year. The implementation project is expected to take two years and will require significant effort and dedication to complete. This needs to be done while still maintaining effective day -to -day operations. The Treasurer and the Commissioner demonstrated their commitment to improving the City's revenue assessment and collection processes as they successfully transitioned staff and responsibilities into their offices. Both departments continue to work collaboratively with City Administration and other departments to promote effective operations, quality customer service and open communication. A spirit of esprit de corps has been developed in recent years that should be nurtured and sustained if our government hopes to function at its best. Recommended Actions: Adopt the accompanying resolution authorizing the City Manager to sign the attached agreements with the Treasurer and Commissioner of the Revenue. Adopt the accompanying ordinance to adjust the compensation for the Treasurer and Commissioner of the Revenue, effective retroactively to the beginning of their current terms in office, January 1, 2018. - __7_ . � � --- - - - - -- T Municipal Auditor Distribution: Council Appointed Officers Sherman Holland, Commissioner of the Revenue Evelyn Powers, Treasurer Sherman Stovall, Assistant City Manager for Operations Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance MUNICIPAL PW .i1► KA P KA n AUDITING ROANOKE Date: August 20, 2018 To: Honorable Mayor and Members of City Council kx- From: Drew Harmon, Municipal Auditor Subject: Agenda Item 7.b. - Agreements I have enclosed the proposed agreements that were developed in coordination with the Commissioner of the Revenue, the City Treasurer, Mr. Bestpitch and the City Attorney's Office. The provisions in the agreements are consistent with the drafts Mr. Bestpitch discussed with each of you earlier. They have been updated to include signature blocks for the City Attorney to sign as to form and execution. I apologize for the delay in providing the agreements. Thank you for your time and consideration. Enclosures: - Agreement with the Commissioner of the Revenue - Agreement with the City Treasurer THIS AGREEMENT is made and entered into on this day of , 2018, by and between the City of Roanoke, Virginia ( "City ") and the Office of the Commissioner of the Revenue for the City of Roanoke ( "Commissioner ") WITNESSETH: WHEREAS, the parties to this Agreement wish to develop and ensure a cooperative working relationship that benefits both the City of Roanoke and its citizens; WHEREAS, the parties wish to establish a beneficial framework for working together and sharing important information that enhances the efficiency of operations of both parties while preserving the privacy and integrity of sensitive data and information provided by citizens to their local government; and WHEREAS, the parties intend to enter into this Agreement to improve the communication and the performance of each party's operation for the mutual benefit of the citizens of the City of Roanoke. NOW, THEREFORE, the City of Roanoke, Virginia, and the Office of the Commissioner of the Revenue for the City of Roanoke, in consideration of the mutual obligations and mutual benefits accruing to both parties from this Agreement, have agreed to the following terms of a contract, which are as follows: ARTICLE I. PURPOSE The purpose of this Agreement between the parties is to establish a framework supporting a productive, positive and mutually beneficial working relationship that enables Roanoke City Council, the City Administration, and all Elected and Appointed Officers to fulfill their responsibilities and exceed the expectations of the public, businesses and other city stakeholders. 1 ARTICLE II. RELATIONSHIP OF THE PARTIES The Commissioner is a Constitutional office of the Commonwealth of Virginia created in accordance with Article 7 of the Constitution of Virginia with the Commissioner being elected by the citizens of the City of Roanoke. The City of Roanoke is a Virginia municipality established by charter in 1884 and duly re- established under its current charter in 1952. The parties agree that they are separate legal entities and acknowledge that all officers and employees within the Commissioner's office are employees of the Commissioner and not the City. ARTICLE III. GOALS AND OBJECTIVES The goals and objectives of the parties are as follows: A. To assign the roles and responsibilities for local tax administration to the Commissioner of the Revenue's Office, with the exception of real estate assessments. B. To provide for the supplementary local funding to the Commissioner of the Revenue and staff necessary to hire and retain individuals with appropriate skills to effectively administer local tax ordinances, and the parties agree that the supplementary local funding is provided as a consideration for the goals and duties identified in this Agreement. C. To provide for the administrative functions, including human resources, payroll, accounts payable, and others necessary for the proper functioning of the Commissioner's Office. D. To formally setout expectations for the flow of information and communication amongst all offices of the City in order to ensure a healthy, well - functioning organization. 2 ARTICLE IV. OBLIGATIONS OF THE PARTIES Sec. 4 -1. The City's Obligations: A. The City Council agrees to provide sufficient funding for the Commissioner to develop and retain qualified employees necessary to effectively administer and enforce all local tax ordinances. B. The City agrees to provide the Commissioner and his staff with the information systems, office space, furniture, fixtures, equipment and supplies necessary to effectively administer local taxes and provide excellent customer service. C. The City agrees to provide the Commissioner with any information he may need to effectively administer his office and perform his responsibilities. D. The City agrees to provide the Commissioner the advice and assistance within its power, including legal, audit, risk management, technology, communications and other professional services. E. City Council agrees to provide an opportunity for the Commissioner to report publicly on the accomplishments of his office each calendar year, as part his annual budget request. F. The City promises to ensure that employees, who in the line of duty need to work with confidential documents and information controlled by the Commissioner's Office, sign and adhere to the same confidentiality agreements signed by the Commissioner's employees. The City further agrees that any employee who violates the terms of the confidentiality agreement will be subject to discipline, up to and including dismissal. 3 Sec. 4.2. The Commissioner's Obligations: A. The Commissioner agrees to administer and enforce local taxes in accordance with Chapter 32 of the Code of the City of Roanoke, with the exception of those duties specifically assigned to the Director of Real Estate Valuation. B. The Commissioner agrees, along with his officers and employees, to comply with and be bound by Article III, Officers and Employees Generallv, and Article IV, Personnel Management and Practices, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, all Personnel Operating Procedures ( "POP ") of the City, including POP #6. C. The Commissioner agrees to prepare an annual report in a format agreed upon with Council, setting out the activities and accomplishments of his office, as well as a discussion of local funding provide by City Council and any current and future budgetary needs that may substantively affect his office's ability to meet its obligations. D. To the extent provided for by the Code of Virginia and the Virginia Department of Taxation, the Commissioner, or his designee, promises to work with City Council and management to provide data and analyses, in a timely fashion, that could help departments of the City to more effectively perform their assigned functions. E. The Commissioner agrees to maintain an active membership in the Commissioners of the Revenue Association of Virginia and to participate in the Association's Career Development Program, to the extent the City provides the necessary funding. 0 ARTICLE V. TERM AND EXTENSION OF MEMORANDUM Sec. 5.1. Term. This Agreement shall be from January 1, 2018 until December 31, 2021, subject to the termination rights of the parties as set forth in this Agreement. ARTICLE VI. MISCELLANEOUS Sec. 6 -1. Effective Date. The effective date of this Agreement shall be January 1, 2018. Sec. 6 -2. Notices. Notices hereunder shall be sent by certified mail to the respective parties to the following officers or their successors: Robert S. Cowell, Jr., City Manager CITY OF ROANOKE, VIRGINIA P.O. Box 58 Roanoke, Virginia 24011 Sherman A. Holland, Commissioner COMMISIONER OF THE REVENUE FOR THE CITY OF ROANOKE, VIRGINIA 215 Church Avenue, S.W., Room 251 Roanoke, Virginia 24011 Sec. 6.3. Termination. Either Party may terminate this Agreement upon 30 days written notice. Sec. 6 -4. Captions and Headings. The section captions and headings are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Sec. 6 -5. Counterpart Copies. This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but which together shall constitute a single instrument. Sec. 6 -6. Severability. The invalidity, illegality or unenforceability of any provision of this k Agreement as determined by a court of competent jurisdiction shall in no way affect the validity, legality or enforceability of any other provision hereof. Sec. 6 -7. Waiver. No failure of any party to insist on strict observance of any provision of this Agreement, and no custom or practice of the parties at variance with the terms hereof, shall be deemed a waiver of any provision of this Agreement in any instance. Sec. 6 -8. Governing. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Sec. 6 -9. Entire Agreement. This Agreement shall constitute the full agreement among the parties. This Agreement may only be amended in writing by written amendment. (The remainder of this page is intentionally left blank.) 2 WITNESS the following signatures and seals made this day of Approved as to Form: City Attorney CITY OF ROANOKE, VIRGINIA By: (SEAL) Robert S. Cowell, Jr., City Manager II OFFICE OF THE COMMISIONER OF REVENUE FOR THE CITY OF ROANOKE, VIRGINIA By: (SEAL) Sherman A. Holland, Commissioner Approved as to Execution: City Attorney 7 AGREEMENT CITY TREASURER THIS AGREEMENT is made and entered into on this day of 12018, by and between the City of Roanoke, Virginia ( "City ") and the Office of the City Treasurer for the City of Roanoke ( "Treasurer ") WITNESETH: WHEREAS, the parties to this Agreement wish to develop and ensure a cooperative working relationship that benefits both the City of Roanoke and its citizens; WHEREAS, the parties wish to establish a beneficial framework for working together and sharing important information that enhances the efficiency of operations of both parties while preserving the privacy and integrity of sensitive data and information provided by citizens to their local government; and WHEREAS, the parties intend to enter into this Agreement to improve the communication and the performance of each party's operation for the mutual benefit of the citizens of the City of Roanoke. NOW, THEREFORE, the City of Roanoke, Virginia, and the Office of the City Treasurer for the City of Roanoke, in consideration of the mutual obligations and mutual benefits accruing to both parties from this Agreement, have agreed to the following terms of a contract, which are as follows: ARTICLE I. PURPOSE The purpose of this Agreement between the parties is to establish a framework supporting a productive, positive and mutually beneficial working relationship that enables Roanoke City Council, the City Administration, and all Elected and Appointed Officers to fulfill their responsibilities and exceed the expectations of the public, businesses and other city stakeholders. ARTICLE II. RELATIONSHIP OF THE PARTIES The Treasurer is a Constitutional office of the Commonwealth of Virginia created in 1 accordance with Article 7 of the Constitution of Virginia with the Treasurer being elected by the citizens of the City of Roanoke. The City of Roanoke is a Virginia municipality established by charter in 1884 and duly re- established under its current charter in 1952. The parties agree that they are separate legal entities and acknowledge that all officers and employees within the Treasurer's office are employees of the Treasurer and not the City. ARTICLE III. GOALS AND OBJECTIVES The goals and objectives of the parties are as follows: A. To assign the roles and responsibilities for collecting and receiving all revenues and monies accruing to the city, as well as custodian of all city and school funds. B. To provide for the supplementary local funding to the City Treasurer and staff necessary to hire and retain individuals with appropriate skills to effectively administer collections and cash - management functions, and the parties agree that the supplementary local funding is provided as consideration for the goals and duties identified in this Agreement. C. To provide for the administrative functions, including human resources, payroll, accounts payable, and others necessary for the proper functioning of the Treasurer's Office. D. To formally setout expectations for the flow of information and communication amongst all offices of the City in order to ensure a healthy, well - functioning organization. ARTICLE IV. OBLIGATIONS OF THE PARTIES Sec. 4 -1. The City's Obligations: A. The City Council agrees to provide sufficient funding for the Treasurer to develop and retain qualified employees necessary to effectively administer and enforce all 2 local ordinances related to collecting fees, taxes and all other revenues and monies. B. The City agrees to provide the Treasurer and her staff with the information systems, office space, furniture, fixtures, equipment and supplies necessary to effectively administer collections and provide excellent customer service. C. The City agrees to provide the Treasurer with the information she may need to effectively administer her office and perform her responsibilities. D. The City agrees to provide the Treasurer with any advice and assistance within its power, including legal, audit, risk management, technology, communications and other professional services. Upon retirement or resignation, the City will pay for the Treasurer's turnover audit, as specified in 58.1 -3136 of the Code of Virginia and Chapter 5 of the Specifications for Audits of Counties, Cities and Towns published by the Virginia Auditor of Public Accounts. E. City Council agrees to provide an opportunity for the Treasurer to report publicly on the accomplishments of her office each calendar year, as part her annual budget request. F. The City promises to ensure that employees, who in the line of duty need to work with confidential documents and information controlled by the Treasurer's Office, sign and adhere to the same confidentiality agreements signed by the Treasurer's employees. The City further agrees that any employee who violates the terms of the confidentiality agreement will be subject to discipline, up to and including dismissal. Sec. 4.2. The Treasurer's Obligations: A. The Treasurer agrees to administer and enforce local taxes in accordance with Chapter 32 of the Code of the City of Roanoke. B. The Treasurer agrees, along with her officers and employees, to comply with and be 3 bound by Article I11, Officers and Employees Generally, and Article IV, Personnel Management and Practices, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, all Personnel Operating Procedures ( "POP ") of the City, including POP #6. C. The Treasurer agrees to prepare an annual report in a format agreed upon with Council, setting out the activities and accomplishments of her office, as well as a discussion of local funding provided by City Council and any current and future budgetary needs that may substantively affect her office's ability to meet its obligations. D. To the extent provided for by the Code of Virginia and the Virginia Department of Taxation, the Treasurer or her designee promises to work with City Council and management to provide data and analyses, in timely fashion, that could help departments of the City to more effectively perform their assigned functions. E. The Treasurer agrees to maintain an active membership in the Treasurers Association of Virginia and to participate in the Association's Career Development Program, to the extent the City provides the necessary funding. ARTICLE V. TERM AND EXTENSION OF MEMORANDUM Sec. 5.1. Term. This Agreement shall be from January 1, 2018 until December 31, 2021, subject to the termination rights of the parties as set forth in this Agreement. ARTICLE VI. MISCELLANEOUS Sec. 6 -1. Effective Date. The effective date of this Agreement shall be January 1, 2018. Sec. 6 -2. Notices. Notices hereunder shall be sent by certified mail to the respective parties to the following officers or their successors: Robert S. Cowell, Jr., City Manager CITY OF ROANOKE, VIRGINIA P.O. Box 58 Roanoke, Virginia 24011 Evelyn W. Powers, City Treasurer CITY TREASURER'S OFFICE OF ROANOKE, VIRGINIA P. O. Box 1451 Roanoke, Virginia 24007 -1451 Sec. 6.3. Termination. Either Party may terminate this Agreement upon 30 days written notice. Sec. 6 -4. Captions and Headings. The section captions and headings are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Sec. 6 -5. Counterpart Copies. This Agreement may be executed in any number of counterpart copies, each of which shall be deemed an original, but which together shall constitute a single instrument. Sec. 6 -6. Severability. The invalidity, illegality or unenforceability of any provision of this Agreement as determined by a court of competent jurisdiction shall in no way affect the validity, legality or enforceability of any other provision hereof. Sec. 6 -7. Waiver. No failure of any party to insist on strict observance of any provision of this Agreement, and no custom or practice of the parties at variance with the terms hereof, shall be deemed a waiver of any provision of this Agreement in any instance. Sec. 6 -8. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. Sec. 6 -9. Entire Agreement. This Agreement shall constitute the full agreement among the parties. This Agreement may only be amended in writing by written amendment. 5 WITNESS the following signatures and seals made this day of , 2018. Approved as to Form: City Attorney CITY OF ROANOKE, VIRGINIA By: (SEAL) Robert S. Cowell, Jr., City Manager CITY TREASURER'S OFFICE OF THE CITY OF ROANOKE, VIRGINIA (SEAL) Evelyn W. Powers, City Treasurer Approved as to Execution: City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2018. No. 41222 - 082018. AN ORDINANCE to appropriate funding from the Commonwealth and Federal grants for various educational programs, amending and reordaining certain sections of the 2018 -2019 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2018 -2019 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Teacher Stipends 302 - 110 - 0000 - 0390 - 322N - 61100 - 41129 - 3 - 10 Social Security 302 - 110 - 0000 - 0390 - 322N - 61100 - 42201 - 3 - 10 VRS 302 - 110 - 0000 - 0390 - 322N - 61100 - 42202 - 3 - 10 State Life Insurance 302 - 110 - 0000 - 0390 - 322N - 61100 - 42205 - 3 - 10 Teacher Stipends 302 - 110 - 0000 - 1000 - 322N - 61100 - 41129 - 3 - 01 Social Security 302 - 110 - 0000 - 1000 - 322N - 61100 - 42201 - 3 - 01 VRS 302 - 110 - 0000 - 1000 - 322N - 61100 - 42202 - 3 - 01 State Life Insurance 302 - 110 - 0000 - 1000 - 322N - 61100 - 42205 - 3 - 01 Juvenile Detention Education 302 - 110 - 0000 - 1070 - 316N - 61100 - 41138 - 9 - 09 Coordinators /Instructors Retiree Health Credit 302 - 110 - 0000 - 1070 - 316N - 61100 - 42200 - 9 - 09 Social Security /FICA 302 - 110 - 0000 - 1070 - 316N - 61100 - 42201 - 9 - 09 Virginia Retirement System 302 - 110 - 0000 - 1070 - 316N - 61100 - 42202 - 9 - 09 Health /Dental Insurance 302 - 110 - 0000 - 1070 - 316N - 61100 - 42204 - 9 - 09 State Group Life Insurance 302 - 110 - 0000 - 1070 - 316N - 61100 - 42205 - 9 - 09 Related Services 302 - 110 - 0000 - 1070 - 316N - 61100 - 43313 - 9 - 09 Internet Services 302 - 110 - 0000 - 1070 - 316N - 61100 - 45523 - 9 - 09 Mileage 302 - 110 - 0000 - 1070 - 316N - 61100 - 45551 - 9 - 09 Instructional Supplies 302 - 110 - 0000 - 1070 - 316N - 61100 - 46600 - 9 - 09 TextbooksANorkbooks 302 - 110 - 0000 - 1070 - 316N - 61100 - 46613 - 3 - 09 Technology 302 - 110 - 0000 - 1070 - 316N - 61100 - 46650 - 3 - 09 Indirect Costs 302 - 110 - 0000 - 1070 - 316N - 61100 - 62000 - 9 - 09 Professional Development 302 - 110 - 0000 - 1070 - 316N - 61310 - 45554 - 9 - 09 Education Coordinators 302 - 110 - 0000 - 1400 - 316N - 61100 - 41138 - 9 - 09 Retiree Health Credit 302 - 110 - 0000 - 1400 - 316N - 61100 - 42200 - 9 - 09 Social Security /FICA 302 - 110 - 0000 - 1400 - 316N - 61100 - 42201 - 9 - 09 Virginia Retirement System 302 - 110 - 0000 - 1400 - 316N - 61100 - 42202 - 9 - 09 Health /Dental Insurance 302 - 110 - 0000 - 1400 - 316N - 61100 - 42204 - 9 - 09 State Group Life Insurance 302 - 110 - 0000 - 1400 - 316N - 61100 - 42205 - 9 - 09 Materials & Supplies 302 - 110 - 1101 - 1000 - 137M - 61310 - 46613 - 3 - 01 Teacher 302 - 120 - 0000 - 1050 - 330N - 61100 - 41121 - 9 - 09 Materials and Supplies 302 - 120 - 0000 - 1050 - 330N - 61310 - 46601 - 9 - 09 0.5 FTE Administrative Support 302 - 120 - 0000 - 1050 - 330N - 61410 - 41151 - 9 - 09 Retiree Health Credit 302 - 120 - 0000 - 1050 - 330N - 61410 - 42200 - 9 - 09 Social Security 302 - 120 - 0000 - 1050 - 330N - 61410 - 42201 - 9 - 09 VRS 302 - 120 - 0000 - 1050 - 330N - 61410 - 42202 - 9 - 09 Health /Dental 302 - 120 - 0000 - 1050 - 330N - 61410 - 42204 - 9 - 09 Group Life Insurance 302 - 120 - 0000 - 1050 - 330N - 61410 - 42205 - 9 - 09 14,318 1,454 2,979 249 7,579 769 1,577 132 533,578 6,403 40,819 83,665 96,793 6,990 1,000 11,800 8,500 6,750 400 22,000 35,729 100,000 181,002 2,172 13,847 28,381 32,663 2,371 169 66,565 3,000 23,775 1,086 6,926 14,196 12,603 1,186 Coordinator Salary 302 - 140 - HOME - 1000 - 145N - 61210 - 41138 - 9 - 08 60,000 Student Transportation 302 - 140 - HOME - 1000 - 145N - 61210 - 43342 - 9 - 08 8,000 Testing /Evaluation Dissemination 302 - 170 - 3000 - 1160 - 315N - 61100 - 45584 - 3 - 03 14,913 Revenues Federal Grant Receipts 302 - 000 - 0000 - 0000 - 137M - 00000 - 38365 - 0 - 00 $ 169 Federal Grant Receipts 302 - 000 - 0000 - 0000 - 145N - 00000 - 38196 - 0 - 00 68,000 State Grant Receipts 302 - 000 - 0000 - 0000 - 315N - 00000 - 32349 - 0 - 00 14,913 State Grant Receipts 302 - 000 - 0000 - 0000 - 316N - 00000 - 32220 - 0 - 00 1,214,863 State Grant Receipts 302 - 000 - 0000 - 0000 - 322N - 00000 - 32415 - 0 - 00 29,057 State Grant Receipts 302 - 000 - 0000 - 0000 - 330N - 00000 - 32418 - 0 - 00 129,337 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: * - M0"j MAW) City Clerk. August 20, 2018 The Honorable Sherman P. Lea, Sr., Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As a result of official School Board action on Tuesday, August 14, 2018, the Board respectfully requests that City Council approve the following appropriation requests: New Appropriation Award Title X, Homeless Assistance Program 2018 -19 $68,000.00 Career and Technical Education Industry Certifications and Licensure Testing 2018 -19 $141912.99 State Operated Programs: Juvenile Detention Home and Child Development Clinics 2018 -19 $11214,863.00 Project Graduation 2018 -19 $29,057.00 Special Education in Local and Regional Jails 2018 -19 $129,337.18 Revised Appropriation Additional Award Title III, Part A, Limited English Proficient (LEP) 2017 -18 $168.98 On behalf of the School Board, thank you for your consideration. Sincerely, Cindy H. oulton, Clerk pc: Dan Callaghan Rita D. Bishop Bob Cowell Kathleen Jackson Amelia Merchant HoRi Salyers (w /details) Annette Lewis k , tol, ROANOKE CITY PUBLIC SCHOOLS Strong Students. Strong Schools. Strong City, School Board Annette Lewis Chairman Mark K. Cathey Vice Chairman William B. Hopkins, Jr. Elizabeth C. S. Jamison Laura D. Rottenborn Lutheria H. Smith Dick Willis Dr. Rita D. Bishop Superintendent Cindy H. Poulton Clerk of the Board www.rcps.info p: 540.853.2381 f: 540.853.2951 P.O. Box 13145 Roanoke VA 24031 CITY COUNCIL AGENDA REPORT t> To: Honorable Mayor and Members of City Council Meeting: August 20, 2018 Subject: School Board Appropriation Request Background: As the result of official Roanoke City School Board action at its August 14, 2018 meeting, the Board respectfully requested that City Council appropriate funding as outlined in this report. The 2018 -19 Project Graduation grant award of $29,057 provides funds for remedial high school instruction for seniors needing verified credits to graduate and for sophomores and juniors who passed a class but failed the associated SOL exam. This award will be reimbursed by State funds. This is a continuing program. The 2018 -19 Juvenile Detention Home and Child Development Clinics grant award of $1,214,863 constitutes educational services provided at the Roanoke Valley Juvenile Detention Home and the Virginia Department of Health's Roanoke Child Development Clinics. This grant will be reimbursed by State funds and will end March 31, 2019. This is a continuing program. The 2017 -18 Title III, Part A, Limited English Proficient grant award of $169 supports programs to improve the education of limited English proficient children and youth by helping them learn English and meet challenging state content and achievement standards. This award will be reimbursed by Federal funds and will end September 30, 2019. This is a continuing program. The 2018 -19 Special Education in Local and Regional Jails grant award of $129,337 provides funding for a special education teacher to serve the Roanoke City jail and provide for administrative support associated with those services. This award will be reimbursed by state funds and will end March 31, 2019. This is a continuing program. The 2018 -19 Title X, Homeless Assistance Program grant award of $68,000 supports the identification of, and provision of supportive services to, students who are experiencing homelessness. This grant will be reimbursed by Federal funds and will end September 30, 2019. This is a continuing program. The 2018 -19 Career and Technical Education Industry Certifications and Licensure Testing grant award of $14,913 provides funding for industry certification exams, licensure tests or occupational competency assessments that have been approved by the Board of Education for the student - selected verified credit option. This program will be paid for by the Commonwealth's Lottery Proceeds funds. This grant will be reimbursed by State funds and will end May 17, 2019. Recommended Action: We recommend that Council concur with this report of the School Board budget orrdjna a to establish revenue estimates and to appropriate funding h*beft S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Rita D. Bishop, Superintendent, RCPS Dan Lyons, Assistant Superintendent for Operations, RCPS Kathleen M. Jackson, Chief Financial Officer, RCPS Amelia C. Merchant, Director of Finance and adopt the attached as outlined. 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2018. No. 41223 - 082018. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session and meetings of the Urban Section of the Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the Annual Business Session of the Virginia Municipal League to be held during the League's 2018 Annual Conference scheduled for September 30 through October 2, 2018, and for any meetings of the Urban Section held in conjunction with the Annual Conference of the League, The Honorable Vice -Mayor Joseph L. Cobb is hereby designated Voting Delegate, and The Honorable Djuna L. Osborne is hereby designated Alternate Voting Delegate. 2. For any meetings of the Urban Section of the Virginia Municipal League to be held in conjunction with the League's 2018 Annual Conference, Robert S. Cowell. Jr., City Manager, shall be designated Staff Assistant. 3. The City Clerk is directed to complete any forms required by the Virginia Municipal League for designation of Voting Delegate, Alternate Voting Delegate, and Staff Assistant and to forward such forms to the League. ATTEST: City Clerk. 0 WV, 1. -1 VIPGtNIA MUNICIPAL L[ACUE TO: Key Official FROM: Michelle Gowdy, Executive Director DATE: August 14, 2018 RE: Voting at the Business Meeting The Virginia Municipal League (VML) Annual Business meeting will take place during the VML Conference on Tuesday, October 2 at 3:30 pm, in the Hampton Convention Center. The rules for voting by member localities during the Business Session are set out in Article IV, Section 6 of the League Constitution: "Representatives. The mayor or board chairman, as the case may be, of each active member shall be deemed to be its official representative for the purpose of voting upon matters considered by an annual or special meeting of the League. In lieu of the mayor or board chairman, the governing body of a member may designate another official of the member to vote on behalf of the member. Such designation shall be in writing filed with the Executive Director or such other person acting as Secretary of the meeting prior to any vote. In the absence of the mayor or board chairman or other officers designated by the governing body as above specified at a vote taking, a majority of the elected and appointed officials present and registered at the meeting may file with the Executive Director or Secretary of the meeting in writing designating one of the member's officials present to vote in behalf of the member, and said filing to be in advance of the taking of any vote in which such person casts a vote." VML's principle is that each locality that attends should be entitled to vote at the business meeting. Voting may not be by proxy. Please use the following link Business Meeting Certification of Voting Delegate and Alternate Form to complete the Certification of Voting Delegate and Alternate Delegate form no later than Friday September 21 to certify your locality's voting delegate. If you are not sure who will be present at the Business Meeting, credentials may be certified at the registration desk during the Conference or prior to the start of the business meeting. This voting certification does not exclude others from your locality from participating in discussions during the Business Meeting, however, each member locality has only one vote at the business meeting. Prior to the business meeting, voting delegates should pick up a voting flag. The voting delegate may pick up the flag Tuesday, October 2, from 12:30 — 3:30 p.m. in the hallway outside Ballrooms D -G, the location of the business meeting. If a vote is contested or is not unanimous, the voting delegate will hold up the flag at the time the vote is taken. The goal is that each locality attending the business meeting can participate in the voting process. ST EPNANIE Nl. MOON REYNOLDS, NINIC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: elerk(mroanokeva.gov August 24, 2018 The Reverend Timothy Harvey Oak Grove Church of the Brethren 2138 McVitty Road, S. W. Roanoke, Virginia 24018 Dear Reverend Harvey: CECELIA F. NICCOV Depute City Clerk CECELIA "r. WEBB, CNIC Assistant Depute City Clerk On behalf of the Mayor and Members of the Roanoke City Council, I would like to express sincere appreciation to you for delivering the Invocation at the regular meeting of the Roanoke City Council, which was held on Monday, August 20, 2018. It was a pleasure meeting you and look forward to having you return to deliver invocations at future Council meetings. Sincerely, Cecelia F. McCoy Deputy City Clerk 1W/ Robert O. Gray IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20`x` day of August, 2018. No. 41224- 082018. A RESOLUTION memorializing the late Robert O. Gray, a Roanoke native, and recognizing him for his bravery during the Korean War. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Gray on Monday, May 21, 2018; WHEREAS, Mr. Gray was born in Roanoke in 1932; WHEREAS, at age 17, Mr. Gray joined the US. Army and served in the armed forces from January 1, 1949, to October 23, 1953; WHEREAS, Mr. Gray's unit was part of the first group of Americans to go to Korea in 1950, he was one of six from his unit to be captured by Communists, and he survived three years of captivity in a Chinese Prisoner of War camp; WHEREAS, after being discharged from military service, Mr. Gray returned to Roanoke and worked as a master electrician for Mason Literal for many years before creating his own company, P.O. W Electric; WHEREAS, Mr. Gray was a member of the Elks Lodge 197, a member of the Knights of Pythias, and the Dramatic Order of the Knights of Khorassan (DOKK) Osceola- Roanoke Lodge; WHEREAS, as someone who truly understood the sacrifice of soldiers who have died to protect their country, Mr. Gray was dedicated to do his part to assure veterans their rights and did so through his work with the Veterans of Foreign Wars (VFW post 1264), Disabled American Veterans (DA V), the Military Order of the Purple Heart (life member), and with various other Veterans organizations; WHEREAS, Mr. Gray devoted countless hours in the care and support of Veterans in the Roanoke area and across the Commonwealth as a member of the Governor's Joint Leadership Council of Veterans Service Organizations, and spent every Sunday at the Virginia Veteran's home; WHEREAS, Mr. Gray will be remembered for his love, bravery, and straightforward honesty. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Robert O. Gray, extending to his family its sincerest condolences, and recognizing the indelible legacy he left to Roanoke and his fellow citizens. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Gray's widow, Mary Ann Franklin Gray, of Roanoke. Sherman P. Lea, Sr. Mayor t. . hA& Stephanie M. Moo Re Ids City Clerk STE1111AN1E M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E-mail: derk(ieroanokeva.sov August 24, 2018 Arthur C. Richardson, Jr. 4525 Pennsylvania Avenue, N. E. Roanoke, Virginia 24019 Dear Mr. Richardson: CECELIA F. MCCOY Deputy City Clerk CECELIA'T. WEBB, CMC Assistant Deputy City Clerk I am enclosing a certified copy of Ordinance No. 41225 - 082018 permanently vacating, discontinuing and closing an undeveloped portion of Pink Street, N.E., approximately 30 feet in width and extending approximately 225 feet from the eastern edge of Pennsylvania Avenue, N.E., between 4533 Pennsylvania Avenue, N.E., Official Tax Map No. 7390514, and 4525 Pennsylvania Avenue, N.E., Official Tax Map No. 7360621, to the eastern corner of Official Tax Map No. 7390514 and the northeastern corner of Official Tax Map No. 7360621. Furthermore, the applicant shall, upon a certified copy of Ordinance No. 41225 - 082018 being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. Lastly, if the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 20, 2018, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Reynold C City Clerk Enclosure Arthur C. Richardson, Jr. August 24, 2018 Page 2 pc: The Brenda Hamilton, Clerk of the Circuit Court Robert S. Cowell, Jr., City Manager Daniel J. Callaghan, City Attorney Timothy Spencer, Senior City Attorney Luke Pugh, City Engineer Susan Lower, Director of Real Estate Valuation Tina Carr, Secretary, City Planning Commission Ian Shaw, Agent, City Planning Commission Paul K. and Rebecca D. Peters, Jr., 4519 Pennsylvania Avenue, N. E., Roanoke, Virginia 24019 Regina D. Drumwright, 4525 Pennsylvania Avenue, N. E., Roanoke, Virginia 24019 Troy L. Smith, 4510 Old Virginia Street, N. E., Roanoke, Virginia 24019 Jorge Antonio Rocha, Jr., 4522 Pennsylvania Avenue, N. E., Roanoke, Virginia 24019 David Chance Craft, 4532 Pennsylvania Avenue, N. E., Roanoke, Virginia 24019 Cathy Ann Stinnett 4528 Pennsylvania Avenue, N. E., Roanoke, Virginia 24019 James E. Jones, III, 631 Elmcrest Street, N. E., Roanoke, Virginia 24019 Marisa A. Johnson, 625 Elmcrest Street, N. E., Roanoke, Virginia 24019 George H. Norris Family Trust, 7412 Round Hill Drive, Frederick, Maryland 21702 Lynwood F. and Sheila D. Creel, III, 615 Elmcrest Street, N. E., Roanoke, Virginia 24019 Kenneth W. Dalaski, 611 Elmcrest Street, N. E., Roanoke, Virginia 24019 Heather D. Whitt, 607 Elmcrest Street, N. E., Roanoke, Virginia 24019 Current Owner, 4539 Pennsylvania Avenue, N. E., Roanoke, Virginia 24019 Paul Dale and Vickie Lynn Walrond, 4533 Pennsylvania Avenue, N. E., Roanoke, Virginia 24019 U� PUBLIC RIGHT OF WAY LOCATED ADJACENT TO OFFICIAL TAX MAP NOS. 7360621 and 7390514 PROPERTY OWNER: CITY OF ROANOKE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2018. No. 41225 - 082018. AN ORDINANCE permanently vacating, discontinuing and closing a public right -of -way in the City of Roanoke located on Pink Street, between 4525 Pennsylvania Avenue, N.E., and 4533 Pennsylvania Avenue, N.E., as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. WHEREAS, Arthur C. Richardson, Jr., filed an application with the Council of the City of Roanoke, Virginia ( "City Council "), in accordance with law, requesting City Council to permanently vacate, discontinue and close a certain public right -of -way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30 -14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on August 20, 2018, after due and timely notice thereof as required by §30 -14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right -of -way have been properly notified; and 1 WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right -of -way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right -of -way situated in the City of Roanoke, Virginia, and more particularly described as follows: an undeveloped portion of Pink Street, N.E., approximately 30 feet in width and extending approximately 225 feet from the eastern edge of Pennsylvania Avenue, N.E., between 4533 Pennsylvania Avenue, N.E., Official Tax Map No. 7390514, and 4525 Pennsylvania Avenue, N.E., Official Tax Map No. 7360621, to the eastern corner of Official Tax Map No. 7390514 and the northeastern corner of Official Tax Map No. 7360621 be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed portion of the right -of -way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas, telephone service, or stormwater, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, stormwater facilities, and related facilities that may now be located in or across such public right -of -way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above- 2 described public right -of -way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise dispose of the land within the right -of -way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right -of -way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. 91 BE IT FINALLY ORDAINED that pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Oe 0-t City Clerk. Vacate with no money - Pink Ave.doc 4 REPORT e• COUNCIL AGENDA To: Honorable Mayor and Members of City Council Meeting: 20 August 2018 Subject: Application from Arthur C. Richardson, Jr., to vacate an undeveloped portion of Pink Street, N.E., approximately 30 feet in width and extending approximately 225 feet from the eastern edge of Pennsylvania Avenue, N.E., between 4533 Pennsylvania Avenue, N.E., Official Tax Map No. 7390514, and 4525 Pennsylvania Avenue, N.E., Official Tax Map No. 7360621, to the eastern corner of Official Tax Map No. 7390514 and the northeastern corner of Official Tax Map No. 7360621. Summary: The Planning Commission held a public hearing on August 13, 2018. By a vote of 7 -0, the Commission recommends approval with conditions. Background: The applicant proposes to vacate an undeveloped portion of Pink Street, N.E., approximately 30 feet in width and extending approximately 225 feet from the eastern edge of Pennsylvania Avenue, N.E., between 4533 and 4525 Pennsylvania Avenue, N.E. Pink Street, N.E., is an undeveloped right of way. The property to be vacated has been maintained by the adjacent property owners and serves no public use at this time. Considerations: Compatibility with Surrounding Land Uses: The property to be vacated is currently an undeveloped right of way between two single - family residential properties located in the RM -1 Residential Mixed Density District as shown on the Zoning District Map (Attachment A). The request is consistent with the Hollins /Wildwood Area Plan future land use map, which designates the property for single- and two - family residential use. Consistency with Comprehensive Plan: The City of Roanoke Comprehensive Plan supports maintaining neighborhood character. Policy /Action I Plan I Applicability to matter Neighborhood Character: Hollins /Wildwood Area The vacation of right of way Established neighborhoods Plan' will help maintain the should retain their current current pattern of land use. character and development patterns. The Hollins /Wildwood Area Plan places importance on retaining the character and development pattern of established neighborhoods. The vacation of the right of way will continue the existing pattern of development. No inconvenience to the public or reduction in public access would result from the vacation. As part of the August 13th public hearing, the Commission expressed support for the applicant and did not have any questions for staff. No members of the pubic were present to speak on this application. Conclusions and Recommendations: Planning Commission recommends approval as this application subject to the following conditions: 1. The applicant or representative shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Such plat shall combine all properties which would otherwise dispose of the land within the right -of -way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right -of -way, including the right of ingress and egress. 2. Upon meeting all conditions to the granting of the application, the applicant or representative shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant or representative shall pay such fees and charges as are required by the Clerk to effect such recordation. Hollins /Wildwood Area Plan City of Roanoke, 2005 2 3. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant or representative shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 4. If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. ,James E. Smith, Chair City Planning Commission Enclosure: Original Application with Zoning District Map Distribution: Robert S. Cowell, ,Jr., City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning, Building, & Development Dan ieI J. Callaghan, City Attorney Timothy R. Spencer, Senior Assistant City Attorney Arthur C. Richardson, Jr. 3 STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mnii: clerk(a.roanokeva.Kov June 13, 2018 Tina Carr, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Carr: CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk Pursuant to Chapter 30, Streets and Sidewalks, Article I, In General, Section 30 -14, Procedure for altering or vacating city streets or alleys, fees therefor, Code of the City of Roanoke (1979), as amended, I am attaching a copy of an Application for Street or Alley Vacation received in the City Clerk's Office on June 12, 2018, from Arthur C. Richardson, Jr., requesting that Pink Street, N. E., located between 4525 and 4533 Pennsylvania, Avenue, N. E., be vacated, discontinued and closed. a Sin ely, Cecelia T. Webb, CMC Assistant Deputy City Clerk Enclosure pc: Arthur C. Richardson, Jr., 4525 Pennsylvania Avenue, N. E., Roanoke, Virginia 24019 Paul D. Walrond, 4533 Pennsylvania Avenue, N. E., Roanoke, Virginia 24019 Sherman M. Stovall, Assistant City Manager for Operations Daniel J. Callaghan, City Attorney Luke E. Pugh, P.E., City Engineer Susan S. Lower, Director, Real Estate Valuation Wayne Leftwich, Senior City Planner RECEIVED JUN 13 2018 CITY OF ROANOKE PLANNING BUILDING & DEVELOPMENT ROANOKE Date: 4;-12 i P To: Office of the City Clerk V Original Application Fourth Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. ❑ Amended Application No. Roanoke, VA 24011 Phone: (540) 853 -2541 Fax: (540) 853 -1145 All submittals must be typed and include all required documentation and a check for the filing fee. Application is hereby submitted for street or alley vacation for the property located at: Location an4 description of street or alley to be closed: � 5 7- 20C,� irQ �f /'� J Proposed use of vacated street or alley:,q,�-� Name of Applicant/Contact Person: 7—/,/,v- C AP, Vl ✓L ,/d:4, Mailing Address: iAT2 41-4!4 �,4dr l% Telephone: (Syd) 2i1 S- 37 6V Fax: ( ) E -mail: Applicant signat' e(Q: q��1�CAh'� �qS t'y1lT ��T� �� '[ l�th�i�g �'t' -FtCC Qcio� -ro at ► � ►19 aPPI�'C4l'�oh • 5 411zlip 5/ June 11, 2018 Re: Agreement to Close Pink Street — City of Roanoke We, the undersigned, do hereby agree to split evenly what is known as "Pink Street" being approximately 7,715 square feet located between the two property addresses listed below: 4525 Pennsylvania Ave, NE 4533 Pennsylvania Ave, NE Both parties agree to split evenly the cost incurred to have property surveyed and recording fees. Property is being released to parties by City of Roanoke at no cost and unusable for building purposes. By signing below, I agree to the conditions stated above: Owner, 4525 Pennsylvania Ave, NE: Arthur C. Richardson, Jr. 64 l l.Y. Regina D. Drumwright Owners, 4533 Pennsylvania Ave, NE: FU ru., 311 IN M a M Paul D. Walrond Vickie G. Walrond Date: Date: & r //_ /,�/ Date: 6 ` ( / —1 Date: 6 — 1 / — / O May 23, 2018 1:533 0 0.00425 0.0085 0.017 mi 0 0.005 0.01 0.02 km Gty dRoanoke EagleVew City of Roanoke City of Roanoke EVELYN IW POWERS PO BOX 1451 ROANOKE, VA 24007 (540) 853 -2561 Cashier: DCWILLIS Location: ROA Session: DW TILL - 06132018 Date: 6/13/12018 Payment Receipt: Q•2967 - $350.00 Miscellaneous Type: City Wide City Wide: CRPT1806123464 CustomerNumber: CRPT1806123464 InvoiceNumber: DetailsFlag: Tendered Information: Amount Due: $350.00 Check $250.00 Check $100.00 Total Tendered: $350.00 Thank you for your payment. Thank you Adjoining Property Owners for Pink Street Vacation (Tax Map Nos. 7360621 and 7390514) TAXID MailAddress MailCity St Zip LocalAddress LocalCity Zip Ownerl 7360620 4519 PENNSYLVANIA AVE NE ROANOKE VA 24019 4519 PENNSYLVANIA AVE NE ROANOKE 24019 PETERS PAUL K JR & REBECCA D 7360620 4519 PENNSYLVANIA AVE NE ROANOKE VA 24019 4519 PENNSYLVANIA AVE NE ROANOKE 24019 PETERS PAUL K JR & REBECCA D 7360621 4525 PENNSYLVANIA AVE NE ROANOKE VA 24019 4525 PENNSYLVANIA AVE NE ROANOKE 24019 RICHARDSON ARTHUR C II & DRUMWRIGHT 7360622 4510 OLD VIRGINIA ST NE ROANOKE VA j24019 0 OLD VIRGINIA ST NE ROANOKE SMITH TROY L 7360623 4510 OLD VIRGINIA ST NE ROANOKE VA 24019 0 OLD VIRGINIA ST NE ROANOKE SMITH TROY L 7360624 4510 OLD VIRGINIA ST NE ROANOKE VA 24019 0 OLD VIRGINIA ST NE ROANOKE SMITH TROY L 7360723 4522 PENNSYLVANIA AVE NE ROANOKE VA 24019 4522 PENNSYLVANIA AVE NE ROANOKE 24019 ROCHA JORGE ANTONIO JR 7390404 4532 PENNSYLVANIA AVE NE ROANOKE VA 24019 4532 PENNSYLVANIA AVE NE ROANOKE 24019 CRAFT DAVID CHANCE 7390405 4528 PENNSYLVANIA AVE NE ROANOKE VA 24019 4528 PENNSYLVANIA AVE NE ROANOKE 24019 STINNETT CATHY ANN 7390507 631 ELMCREST ST NE ROANOKE VA 24019 631 ELMCREST ST NE ROANOKE 24019 JONES JAMES E III 7390508 625 ELMCREST ST NE ROANOKE VA 24019 625 ELMCREST ST NE ROANOKE 24019 JOHNSON MARISA A 7390509 7412 ROUND HILL DR FREDERICK MD 21702 619 ELMCREST ST NE ROANOKE 24019 GEORGE H NORRIS FAMILY TRUST 7390510 615 ELMCREST ST NE ROANOKE VA 24019 615 ELMCREST ST NE ROANOKE 24019 CREEL LYNWOOD F III & SHEILA D 7390511 611 ELMCREST ST NE ROANOKE VA 24019 611 ELMCREST ST NE ROANOKE 24019 DALASKI KENNETH W 7390512 607 ELMCREST ST NE ROANOKE VA 24019 607 ELMCREST ST NE ROANOKE 24019 WHITT HEATHER D 7390513 14539 PENNSYLVANIA AVE NE ROANOKE VA 24019 4539 PENNSYLVANIA AVE NE ROANOKE 24019 N/A 7390514 4533 PENNSYLVANIA AVE NE IROANOKE IVA 124017 14533 PENNSYLVANIA AVE NE IROANOKE 124019 IWALROND PAUL DALE & VICKIE LYNN RECEIVED AUG 13 2018 CITY OF ROANOKE PLANNING BUILDING & DEVELOPMENT CITY OF ROANOKE - PDV Attn Tina Carr 215 CHURCH AVE ROOM 166 ROANOKE, VA 24011 Date Category 08113/2018 Legal Notices PUBLIC HEARING NOTICE will public held sli gs tile City advertised Counc t Chamber, fourth floor, Room 450• Noel C. Taylor Municipal Building, 215 Church Avenue. S.W.. Roanoke. Virginia. Any applications will be available for review in Planning. Building, & Development, first floor. Room 170. 215 Church Avenue. S.W.. Roanoke. Virginia. The City of Roanoke planning Commission will hold a public hearing on August 13. 2018• at 1:30 p.m.. or as be thereafter soon heard, toconsider then applications: Application from Arthur C. Richardson. Jr., to vacate an undeveloped portion of Pink Street, N.E., approximately 30 feet in width and extending approximately 225 feet from the eastern edge of Pennsylvania Avenue. N.E.• between 4533 Pennsylvania Avenue, N.E.. Official Tax Map No. 7390514, and 4525 Pennsylvania Avenue. N.E., official Tax of Official 7360621. to the eastern corner No. 7390514 and the northeastern corner of official Tax Map No.7360621. Application from 415 OHW. LLC, represented by William H. Chapman. Jr., to vacate an alley approximately 10 feet in width and extending perpendicular from the southern edge of Luck Avenue. S.W.. approximately 93.7 feet along the western edge and to the rear corner of the building located at 120 Luck Avenue, S.W.. Official Tax Map No. 1012606. Tina M. Carr. Secretary. City Planning Commission city council will hold a public hearing on the aforesaid applications on August 20. 2018, at 7:00 p.m., or as Soon thereafter as the matters may be heard, in the City Council Chamber. fourth floor. Room 450, Noel C. Taylor Municipal Building. 215 Church Avenue. S.W.. Roanoke. Virginia. Any person with a disability requiring any special accommodation to attend or participate in the public hearings should contact the City Clerk's office at (540) 853-2541 at to the least scheduled public hearings. Stephanie M. Moan Reynolds, Clerk (793743) The Roanoke Times Roanoke, Virginia Affidavit of Publication Description Ad Size PUBLIC HEARING NOTICE Any public hearings advertised h- 1 x 73 L Publisher of the Roanoke Times Account Number 6011439 Date August 07, 2018 I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice PUBLIC HEARING NOTICE A was published in said newspapers on the following dates: 07131, 08/07/2018 The First insertion being given... 07/31/2018 Newspaper reference: 0000793743 Billing Representat Ve Sworn to and subscribed before me this Tuesday, August 7, 2018 Total Cost 735.76 '11 ''�HLIi� THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU If1 }'ii151 1t N \.(: otary Publi % . • State of Virginia PUSUG " City /County of Roanoke - PEG ,,,32C,64 , My Commission expire iY Cow4 Si0N � •. EvNIRtS G: `: �1 '11 ''�HLIi� THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU If1 }'ii151 1t 0�2C, PUBLIC HEARING NOTICE PUBLIC HEARING NOTICE Any public hearings advertised herein will be held in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Any applications will be available for review in Planning, Building, & Development, first floor, Room 170, 215 Church Avenue, S.W., Roanoke, Virginia. The City of Roanoke Planning Commission will hold a public hearing on August 13, 2018, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider these applications: Application from Arthur C. Richardson, Jr., to vacate an undeveloped portion of Pink Street, N.E., approximately 30 feet in width and extending approximately 225 feet from the eastern edge of Pennsylvania Avenue, N.E., between 4533 Pennsylvania Avenue, N.E., Official Tax Map No. 7390514, and 4525 Pennsylvania Avenue, N.E., Official Tax Map No. 7360621, to the eastern corner of Official Tax Map No. 7390514 and the northeastern corner of Official Tax Map No. 7360621. Application from 415 OHW, LLC, represented by William H. Chapman, Jr., to vacate an alley approximately 10 feet in width and extending perpendicular from the southern edge of Luck Avenue, S.W., approximately 93.7 feet along the western edge and to the rear corner of the building located at 120 Luck Avenue, S.W., Official Tax Map No. 1012606. Tina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid applications on August 20, 2018, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Any person with a disability requiring any special accommodation to attend or participate in the public hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled public hearings. Stephanie M. Moon Reynolds, MMC, City Clerk Please publish in newspaper on Tuesday, July 31, 2018, and Tuesday, August 7, 2018. Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Planning Commission Planning, Building, & Development City of Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853 -1730 tina.carrL&roanokeva.gov Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC, City Clerk 215 Church Avenue, S.W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 -1536 540/853 -2541 STEPHANIE M. MOON REVNOLDS, MMC• City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) $53 -2541 Fax: (540)$.53 -1145 E -mail: derk(a)roanokeva.gov CECELIA F. MCCOV Deputy City Clerk July 30, 2018 CECELIA T. WEBB, CMC Assistant Deputy City Clerk Arthur C. Richardson, Jr. 4525 Pennsylvania Avenue, N. E. Roanoke, Virginia 24019 Dear Mr. Richardson: A public hearing has been advertised to be heard by the City Planning Commission on Monday, August 13 at 1:30 p.m., in the EOC Conference Room, Room 159, First Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding your request to vacate an undeveloped portion of Pink Street, N. E. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, August 20 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ", following its meeting on August 13. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, c 'Stephanie M. Moon Re old - , -- City Clerk `' p y gl Enclosure pc: Regina D. Drumwright, 4525 Pennsylvania Avenue, N. E., Roanoke, Virginia 24019 Paul D. and Vickie G. Walrond, 4533 Pennsylvania Avenue, N. E., Roanoke, Virginia 24019 STEPHANIE M. MOON REYNOLDS, MMC City Clerk Paul K. and Rebecca D. Troy L. Smith Jorge Antonio Rocha, Jr. David Chance Craft Cathy Ann Stinnett James E. Jones, III Ladies and Gentlemen: CITY OF ROANOKE OFFICE OF THE CVFY CLERK 215 Church Avenue; S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (5401) 853 -2541 Fax: (540) 853 -1145 E -nmil: clerk(h ronnokevn.gov CECELIA F. MCCOY Deputy City Clerk July 30, 2018 CECF1,lA T. WEBS, CMC Assistant Deputy City Clerk Peters, Jr. Marisa A. Johnson George H. Norris Family Trust Lynwood F. and Sheila D. Creel, III Kenneth W. Dalaski Current Owner Heather D. Whitt A public hearing has been advertised to be heard by the City Planning Commission on Monday, August 13, 2018 at 1:30 p.m., in the EOC Conference Room, Room 159, First Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of Arthur C. Richardson, Jr., to vacate an undeveloped portion of Pink Street, N.E. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, August 20 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.goy, under "Roanoke Planning Commission News ", following its meeting on August 13. This letter is provided for your information as an interested party and /or adjoining property owner. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerely, b Stephanie M. Moon Reynolds, M4 City Clerk Enclosure STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROA:NOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(wroanokeva.gov June 13, 2018 Tina Carr, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Carr: CECEL IA F. MCCOV Deputy City Clerk CECEL.IA T. WEBB, CMC Assistant Deputy City Clerk Pursuant to Chapter 30, Streets and Sidewalks, Article I, In General, Section 30 -14, Procedure for altering or vacating city streets or alleys, fees therefor, Code of the City of Roanoke (1979), as amended, I am attaching a copy of an Application for Street or Alley Vacation received in the City Clerk's Office on June 12, 2018, from Arthur C. Richardson, Jr., requesting that Pink Street, N. E., located between 4525 and 4533 Pennsylvania, Avenue, N. E., be vacated, discontinued and closed. Sines ely, Cecelia T. Webb, CMC Assistant Deputy City Clerk Enclosure pc: Arthur C. Richardson, Jr., 4525 Pennsylvania Avenue, N. E., Roanoke, Virginia 24019 Paul D. Walrond, 4533 Pennsylvania Avenue, N. E., Roanoke, Virginia 24019 Sherman M. Stovall, Assistant City Manager for Operations Daniel J. Callaghan, City Attorney Luke E. Pugh, P.E., City Engineer Susan S. Lower, Director, Real Estate Valuation Wayne Leftwich, Senior City Planner STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: derk(tvroanokeva.Nov August 24, 2018 William H. Chapman, Jr., Manager 415 OHW, LLC 415 Oliver Hill Way, Suite 100 Richmond, Virginia 23219 Dear Mr. Chapman: CECEL,IA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 41226- 082018 permanently vacating, discontinuing and closing an alley approximately 10 feet in width and extending perpendicular from the southern edge of Luck Avenue, S.W., approximately 93.7 feet along the western edge and to the rear corner of the building located at 120 Luck Avenue, S.W., Official Tax Map No. 1012606. Furthermore, the value of the vacation of the public's right to use the subject right -of- way, less the improvements made to the public right -of -way, is $11,234.00, which payment will be waived by the City of Roanoke upon issuance of a final Certificate of Occupancy for the development within 24 months from the approval of the alley vacation. If the final Certificate of Occupancy is not issued within 24 months, then the applicant shall provide to the Treasurer for the City of Roanoke a payment by certified check or cash in the amount $11,234.00, as consideration, pursuant to §15.2 -2008, Code of Virginia (1950), as amended, for the vacated right -of -way. Additionally, the applicant shall, upon a certified copy of Ordinance No. 41226 - 082018 being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. Lastly, if Payment, if not waived in accordance with Ordinance No. 41226- 082018, is not paid within two years from the adoption of this Ordinance, or the other conditions set forth as abovementioned have not been met within a period of one year from the date of the adoption of this ordinance, then Ordinance No. 41226 - 082018 shall be null and void with no further action by City Council being necessary. William H. Chapman, Jr., Manager 415 OHW, LLC August 24, 2018 Page 2 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 20, 2018, and is in full force and effect upon its passage. Enclosure pc: The Brenda Hamilton, Clerk of the Circuit Court Robert S. Cowell, Jr., City Manager Daniel J. Callaghan, City Attorney Timothy Spencer, Senior City Attorney Luke Pugh, City Engineer Susan Lower, Director of Real Estate Valuation Tina Carr, Secretary, City Planning Commission Ian Shaw, Agent, City Planning Commission Greene Memorial United Methodist Church, 402 2nd Street, S. W., Roanoke, Virginia 24011 Nestle Brooke, LLC, P. O. Box 8004, Roanoke, Virginia 24014 Andrew Lee Roberts, ill, P. O. Box 8002, Roanoke, Virginia 24014 415 OHW, LLC, 415 Oliver Hill Way, Suite 100, Richmond, Virginia 23219 One Hundred Five Franklin Associates, 10 South Jefferson Street, Suite1200, Roanoke, Virginia 24011 Lance M. Hale, Esquire, PC, P. O. Box 1721, Roanoke, Virginia 24008 Appalachian Power Company, P. O. Box 16428, Columbus, Ohio 43216 -0428 Franklin & First, LLC, 1902 Patterson Avenue, S.W., Roanoke, Virginia 24016 PUBLIC RIGHT OF WAY LOCATED ADJACENT TO OFFICIAL TAX MAP NOS. 1012601 and 1012606 PROPERTY OWNER: CITY OF ROANOKE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2018. No. 41226- 082018. AN ORDINANCE permanently vacating, discontinuing and closing a portion of public right -of -way in the City of Roanoke located between and running generally perpendicular to Luck Avenue, S.W. and Franklin Road, S.W., as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. WHEREAS, William H. Chapman, Jr., on behalf of 415 OHW, LLC., filed an application with the Council of the City of Roanoke, Virginia ( "City Council "), in accordance with law, requesting City Council to permanently vacate, discontinue and close a certain public right -of -way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30 -14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on August 20, 2018, after due and timely notice thereof as required by §30 -14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right -of -way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right -of -way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right -of -way situated in the City of Roanoke, Virginia, and more particularly described as follows: an alley approximately 10 feet in width and extending perpendicular from the southern edge of Luck Avenue, S.W., approximately 93.7 feet along the western edge and to the rear corner of the building located at 120 Luck Avenue, S.W., Official Tax Map No. 1012606. be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed portion of the right -of -way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas, telephone service, or stormwater, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, stormwater facilities, and related facilities that may now be located in or across such public right -of -way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment ght of ., .., ��,, 2 Vacate right of way with nxmc�� a� ,reement- Luck.doc�lt6:;;N+te,� of use or permanent removal from the above - described public right -of -way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise dispose of the land within the right -of -way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right -of -way. BE IT FURTHER ORDAINED that the value of the vacation of the public's right to use the subject right -of -way, less the improvements made to the public right -of -way, is $11,234. The payment ( "Payment ") will be waived by the City of Roanoke upon issuance of a final Certificate of Occupancy for the development within 24 months from the approval of the alley vacation. If the final Certificate of Occupancy is not issued within 24 months, then the applicant shall provide to the Treasurer for the City of Roanoke a Payment by certified check or cash in the amount of eleven thousand two hundred thirty- four dollars ($11,234) as consideration pursuant to §15.2 -2008, Code of Virginia (1950), as amended, for the vacated right -of -way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if (i) the Payment, if not waived in accordance with this Ordinance, is not paid within two years from the adoption of this Ordinance, or (ii) the other conditions set forth above have not been met within a period of one year from the date of the adoption of this ordinance, then this ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: aepw City Clerk. Vacate right of wav with 11101fle " i ement- I..Lick.docVacate -+1 t c l Away "Ah fno!,° 4 j i COUNCIL CITY AGENDA • To: Honorable Mayor and Members of City Council Meeting: 20 August 2018 Subject: Application from 415 OHW, LLC, represented by William H. Chapman, Jr., to vacate an alley approximately 10 feet in width and extending perpendicular from the southern edge of Luck Avenue, S.W., approximately 93.7 feet along the western edge and to the rear corner of the building located at 120 Luck Avenue, S.W., Official Tax Map No. 1012606. Summary: The Planning Commission held a public hearing on August 13, 2018. By a vote of 7 -0, the Commission recommends approval of the application with conditions. Background: The applicant proposes to vacate an alley approximately 10 feet in width and extending perpendicular from the southern edge of Luck Avenue, S.W., approximately 93.7 feet along the along the western edge and to the rear corner of the building located at 120 Luck Avenue, S.W. Considerations: Compatibility with Surrounding Land Uses: The existing alley is located within the D- Downtown District as shown on the Zoning District Map (Attachment A). The proposed use of the alley as part of the mixed use redevelopment at 120 Luck Avenue is consistent with the allowed uses within the D- Downtown District. Consistency with Comprehensive Plan: The City of Roanoke Comprehensive Plan supports maintaining Downtown as the region's central business district with opportunities for downtown living, office space, retail, and cultural and entertainment attractions. The Downtown Roanoke 2017 plan calls for revitalization of historic and vacant buildings and filling the vacant storefronts. Policy /Action I Plan I Applicability to matter Downtown: Opportunities for downtown living, office space, retail, and cultural and entertainment attractions. Build on Strengths: Encourage historic renovation. Fill in the Gaps: Work to fill vacant storefronts. City of Roanoke Comprehensive Plan, Vision 2001- 2020' Downtown Roanoke 20172 Downtown Roanoke 2017 The alley will support a mixed use development including residential and commercial space. The project will revitalize an existing building using historic tax credits. The project will create a restaurant and other tenant space. As part of the August 13th public hearing, the Commission asked staff about the affect this vacation would have on access to other properties. Staff replied that they had not received any comments concerning access. The applicant commented that he had communicated with the property owner of 117 Franklin Road in an attempt to vacate the alley in its entirety. While initially interested, the owner of the neighboring property was non - responsive on repeated attempts to have further discussions. The applicant discussed the concern for safety of the future tenants as there would be an exit from the building into the current alley and the vacation of the alley would create a safer situation for residents exiting the building. Two members of the pubic were present to speak on this application. Joseph B. Wright, Chair for the Board of Trustees at Greene Memorial United Methodist Church, spoke that the Board was in favor of the application. Tim McCoy spoke in support of the application as proposed, but stated that he would be unsupportive of a vacation of the alley running parallel to and between Luck Avenue and Franklin Road as that would affect access to a courtyard area for the building at 105 Franklin Road. Conclusions and Recommendations: Planning Commission recommends approval as this application subject to the following conditions: 1. The applicant or representative shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. http: / /www.roanokeva.gov /1 160 /Vision -2001 -2020 Z http: / /www.roanokeva.gov /2129 /Downtown -Plan 2 Such plat shall combine all properties which would otherwise dispose of the land within the right -of -way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right -of -way, including the right of ingress and egress. The value of the vacation of the public's right to use the subject right -of -way is $11,234. The cost will be waived by the City of Roanoke upon issuance of a final Certificate of Occupancy for the development within 24 months from the approval of the alley vacation. 2. Upon meeting all conditions to the granting of the application, the applicant or representative shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant or representative shall pay such fees and charges as are required by the Clerk to effect such recordation. 3. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant or representative shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 4. If the above conditions have not been met within a period of one year from the date of adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. James E. Smith, Chair City Planning Commission Enclosure: Original Application with Zoning District Map Distribution: Robert S. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning, Building, & Development Daniel J. Callaghan, City Attorney Timothy R. Spencer, Senior Assistant City Attorney William H. Chapman, Jr. 3 STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: clerk(n) ran nokeva.gov REVISED July 6, 2018 Tina Carr, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Carr: CECELIA F. MCCOV Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk Pursuant to Chapter 30, Streets and Sidewalks, Article I, In General, Section 30 -14, Procedure for altering or vacating city streets or alleys, fees therefor, Code of the City of Roanoke (1979), as amended, I am attaching a copy of an Application for Street or Alley Vacation received in the City Clerk's Office on June 22, 2018, from 415 OHW LLC requesting that the alley to the west of the building located at 120 Luck Avenue, S. W., from Luck Avenue to the rear of the building, be permanently vacated, discontinued and closed. Sincerely, 0,b�,J- W&01- Cecelia F. McCoy Deputy City Clerk Enclosure pc: William H. Chapman, Jr., Manager, 415 OHW, LLC, 415 Oliver Hill Way, Suite 100, Richmond, Virginia 23219 Sherman M. Stovall, Assistant City Manager for Operations Daniel J. Callaghan, City Attorney Luke E. Pugh, P.E., City Engineer Susan S. Lower, Director, Real Estate Valuation Wayne Leftwich, Senior City Planner RECEIVED JUL 012018 CITY OF ROANOKE PLANNING BUILDING 8, DEVELOPMENT FFCF'1a /Fr) SUN 2 5 2018 APPLICATIONCITYOFROANOKE PLANNING BUILDING & STREET OR ALLEY VACAO"r ROANOKI. Date: June 22, 2018 To: Office of the City Clerk ■ original Application Fourth Floor, Noel C. Taylor Municipal Building Amended Application 215 Church Avenue, S.W. No Roanoke, VA 24011 Phone: (540) 853 -2541 Fax: (540) 853 -1145 All submittals must be typed and include alt required documentation and a check for the filing fee. Application is hereby submitted for street or alley vacation for the property located at: Location and description of street or alley to be closed: The alley to the west of the building at 120 Luck Avenue SW, from Luck Avenue to tho rear of the building, Proposed use of vacated street or alley: Alley will be partially used for outdoor dining and an outdoor smoker for barbecue. Name of Applicant/Contact Person: 415 OHW LLC / Bill Chapman Mailing Address: 415 Oliver Hill Way, Suite 100, Richmond, VA 2 .12+ Telephone: ( ) 80"05 -6789 Applicant(s) signature(s): d/2s/1k Fax: ( ) E -mail: bill@bjllchapmaninc.com 1/i/apit X *ir/"A, c& aval`aAt, - Gil M N. C. AACAAA U ,'O'�t . AAA NA 6 0Z_ 1i If w, 1114 S1()i 4►1 jc ti11, 1►\ (;I(w In " i �1�111.E <liul ti11,i►41i;' �,i(1► � )11 ►c 1 ' May 2, 2018 City of Roanoke Planning, Building and Development Office Attention: Wayne Leftwich, Senior City Planner 215 Church Ave. SW #166 Roanoke, VA 24011 RL: VACATL ALLGy mrwLEN 120 LUCK AVE. AND 502 2ND STREET SW Dear Mr. Leftwich: I am writing on behalf of the Trustees of Greene Memorial United Methodist Church related to 415 OHW LLCs request to the City of Roanoke for vacating the alley between the Church's parking lot at 502 2nd Street SW and its building at 120 Luck Avenue SW. A map is attached illustrating the subject area. Bill Chapman of 415 OHW LLC has provided us with preliminary plans for the improvements to the company's building. We understand that among those improvements will be the installation of new lighting sconces on building facades facing Luck Avenue and facing the alley in question, centered between windows. We do not object to his plan to eliminate vehicle traffic and loitering and to provide lighting and maintenance for a safer, cleaner outdoor space as long as the Church is given, by deed, a permanent easement for ingress and egress over the vacated alley to repair /replace the existing wall and fence located at the alley of the Church's parking lot. Should you have any questions, I can be reached at (540) 224 -5112. Sincerely, 4046,�,4 /� t-/,70�e- oseph B. Wright Chair, Board of Trustees. Attachment ' 2 S'-ccc° . `i� \A 2 : ;, 1- I,i(il N."', t--m c W 0 E .I; C c .9 4m 00 0 Z � � I� �. � a a e1 --IIT sr— ST IJ O E E 0 j t Z i',wy S ',` .4 t 0 C 0 ;S It tl C4 V 4 P.I q 1. 14, (ID .9 4m 00 0 Z � � I� �. � a a e1 --IIT sr— ST IJ O E E 0 j t Z i',wy S ',` .4 t 0 C 0 ;S It tl C4 99 'ad 191 Fa 7 11L-, N WDMW 3w agm ww 3w OW PARrY MI DOOF DOOR FACE OF PUSUG Ate to PWEW UNE 0 ama MOOO i.16 t go- k4 V 4 q 1. 14, rip t C 0 it It I 99 'ad 191 Fa 7 11L-, N WDMW 3w agm ww 3w OW PARrY MI DOOF DOOR FACE OF PUSUG Ate to PWEW UNE 0 ama MOOO i.16 t go- k4 Luck Avenue Alley Vacation June 28, 2018 1:1,066 0 0.0075 0.015 0.03 mi 0 0.0125 0.025 0.05 km City of Roanoke, EagleView Qty of Roanoke Adjoining Property Owners for Luck Avenue, S.W. Alley Vacation (Official T TAXID MailAddress MailCity State MailZip LocalAddress LocalCity Zip 1012201 402 2ND ST SW ROANOKE VA 24011 402 2ND ST SW ROANOKE 24011 1012212 PO BOX 8004 ROANOKE VA 24014 123 LUCK AVE SW ROANOKE 24011 1012213 PO BOX 8002 ROANOKE VA 24014 121 LUCK AVE SW ROANOKE 24011 1012214 PO BOX 8004 ROANOKE VA 24014 113 LUCK AVE SW ROANOKE 24011 1012601 402 2ND ST SW ROANOKE VA 24011 502 2ND ST SW ROANOKE 24011 1012606 415 OLIVER HILL WAY STE 100 RICHMOND VA 23219 120 LUCK AVE SW ROANOKE 24011 1012607 10 S JEFFERSON STE 1200 ROANOKE VA 24011 110 LUCK AVE SW ROANOKE 24011 1012613 PO BOX 1721 ROANOKE VA 24008 117 FRANKLIN RD SW ROANOKE 24011 1012616 10 S JEFFERSON STE 1200 ROANOKE VA 24011 105 FRANKLIN RD SW ROANOKE 24011 1013203 PO BOX 16428 COLUMBUS OH 43216 -0428 116 FRANKLIN RD SW ROANOKE 1013225 1902 PATTERSON AVE SW ROANOKE VA 24016 106 FRANKLIN RD SW ROANOKE 24011 RECEIVED EIVED AUG 13 2018 CITY OF ROANOKE PLANNING BUILDING & DEVELOPMENT CITY OF ROANOKE PDV Alin Tina Carr 215 CHURCH AVE ROOM 166 ROANOKE, VA 24011 The Roanoke Times Roanoke, Virginia Affidavit of Publication Account Number 6011439 Date August 07, 2018 Date Category Description _ Ad Size Total Cost 0811 3/2 01 8 Legal Notices PUBLIC HEARING NOTICE Any public hearings advertised h, 1 x 73 L 735.76 City Council will hold a public hearing on the aforesaid applications on Sworn to and subscribed before me this Tuesday, August 7, 2018 August 20, 2018, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the C Council Chamber, ` fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.. Roanoke. Virginia. Any person with a disability requiring any special accommodation to attend or participate In the public hearings �� i1 should contact the City Clerk's office at otary Publi `� �,.(� -i v�f�(. (540) 853 -2541 at least five days prior : T • " •' • AA to the scheduled public hearings. �•' NOTARY State of Virginia .OT R i �� . i Stephanie M. Moon Reynolds, MMC, City/County of Roanoke f /� : FUSUG ,. City Clerk My Commission expire _ . FEU. +x332564 : �^ (793743) ; kly COMB ,3SIOi4 e> '. E"NIRe5 r� TI4IR IR NnT A RILL_ PLEASE PAY FROM INVOICE. THANK YOU Publisher of the PUBLIC HEARING NOTICE Roanoke Times Any public hearings advertised herein will be held In the City Council Chamber, fourth floor. Room 450, Noel C. Taylor Municipal Building, 215 I, (the undersigned) an authorized representative of the Church Avenue. S.W.• Roanoke, Virginia. Any applications will be Roanoke Times, a daily newspaper published in Roanoke, in the available for review In Planning. Building. & Development, first floor. State of Virginia, do certify that the annexed notice PUBLIC g Room 170, 215 Church Avenue, S.W., Roanoke. virgin,.. HEARING NOTICE A was published in said newspapers on the City will d public hear following dates: on August 13, 2018, at 1:30 p.m., or as S.011 ther"flei as the matters may be heard, to consider these applications: Application from Arthur C. Richardson. Jr., to vacate an undeveloped portion of 07131, 08/07/2018 Pink Street, N.E., approximately 30 feet In width and extending approximately 225 feet from the eastern edge of Pennsylvania Avenue, N.E., between 4533 Pennsylvania Avenue, N.E.. Official Tax Map No. 7390514, and 4525 Pennsylvania Avenue, N.E., Official Tax Map No. 7360621• to the eastern corner of Official Tax Map No. 7390514 and the The First insertion being given ... 07/31/2018 northeastern corner of Official Tax Map No.7360621. Application from 415 OHW. LLC• Newspaper reference: 0000793743 represented 6y William H. Chapman, Jr., to vacate an alley approximately 10 feet In width and extending perpendicular from the southern edge of Luck Avenue, S.W., approximately 93.7 feet along the western edge and to the rear corner of the building located at 120 Luck Avenue, S.W., Official Tax Map No. 1012606. Tina M. Carr, Secretary, Billing Representat ve City Planning Commission City Council will hold a public hearing on the aforesaid applications on Sworn to and subscribed before me this Tuesday, August 7, 2018 August 20, 2018, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the C Council Chamber, ` fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.. Roanoke. Virginia. Any person with a disability requiring any special accommodation to attend or participate In the public hearings �� i1 should contact the City Clerk's office at otary Publi `� �,.(� -i v�f�(. (540) 853 -2541 at least five days prior : T • " •' • AA to the scheduled public hearings. �•' NOTARY State of Virginia .OT R i �� . i Stephanie M. Moon Reynolds, MMC, City/County of Roanoke f /� : FUSUG ,. City Clerk My Commission expire _ . FEU. +x332564 : �^ (793743) ; kly COMB ,3SIOi4 e> '. E"NIRe5 r� TI4IR IR NnT A RILL_ PLEASE PAY FROM INVOICE. THANK YOU PUBLIC HEARING NOTICE PUBLIC HEARING.; NOTICE Any public hearings advertised herein will be held in the City Council Chamber, fourth floor, Roam 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Any applications will be available for review in Planning, Building, & Development, first floor, Room 170, 215 Church Avenue, S.W., Roanoke, Virginia. The City of Roanoke Planning Commission will hold a public hearing on August 13, 2018, at 1:30 p.m., or as soon thereafter as the matters may be heard, to consider these applications: Application from Arthur C. Richardson, Jr., to vacate an undeveloped portion of Pink Street, N.E., approximately 30 feet in width and extending approximately 225 feet from the eastern edge of Pennsylvania Avenue, N.E., between 4533 Pennsylvania Avenue, N.E., Official Tax Map No. 7390514, and 4525 Pennsylvania Avenue, N.E., Official Tax Map No. 7360621, to the eastern corner of Official Tax Map No. 7390514 and the northeastern corner of Official Tax Map No. 7360621. Application from 415 OHW, LLC, represented by William H. Chapman, Jr., to vacate an alley approximately 10 feet in width and extending perpendicular from the southern edge of Luck Avenue, S.W., approximately 93.7 feet along the western edge and to the rear corner of the building located at 120 Luck Avenue, S.W., Official Tax Map No. 1012606. Tina M. Carr, Secretary, City Planning Commission City Council will hold a public hearing on the aforesaid applications on August 20, 2018, at 7:00 p.m., or as soon thereafter as the matters may be heard, in the City Council Chamber, fourth floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Any person with a disability requiring any special accommodation to attend or participate in the public hearings should contact the City Clerk's office at (540) 853 -2541 at least five days prior to the scheduled public hearings. Stephanie M. Moon Reynolds, MMC, City Clerk Please publish in newspaper on Tuesday, July 31, 2018, and Tuesday, August 7, 2018. Please bill and send affidavit of publication to: Tina M. Carr Secretary to the Planning Commission Planning, Building, & Development City of' Roanoke Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, VA 24011 540/853 -1730 tma.Carr(iiroanokc ,I.,,o Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC, City Clerk 215 Church Avenue, S.W., Suite 456 Noel C. Taylor Municipal Building Roanoke, Virginia 24011-1536 540/853 -2541 STE1111ANIi? 141. MOON REYNOLDS, M114C City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: derk(rroanokeva.gov June 25, 2018 Tina Carr, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Carr: CECELIA R. MCCOY Deputy Cily Clerk CECLL.IA T. WEBB, CNIC Assistant Deputy City Clerk Pursuant to Chapter 30, Streets and Sidewalks, Article I, In General, Section 30 -14, Procedure for altering or vacating city streets or alleys fees therefor, Code of the City of Roanoke (1979), as amended, I am attaching a copy of an Application for Street or Alley Vacation received in the City Clerk's Office on June 22, 2018, from 415 OHW LLC requesting that the alley to the west of the building located at 12 Luck Avenue, S. W., from Lucy Avenue to the rear of the building, be permanently vacated, discontinued and closed. Sincerely, V- Stephanie M. Moon Reynolds, MMC City Clerk Enclosure pc: William H. Chapman, Jr., Manager, 415 OHW, LLC, 415 Oliver Hill Way, Suite 100, Richmond, Virginia 23219 Sherman M. Stovall, Assistant City Manager for Operations Daniel J. Callaghan, City Attorney Luke E. Pugh, P.E., City Engineer Susan S. Lower, Director, Real Estate Valuation Wayne Leftwich, Senior City Planner STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF 'TI-I {, CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E-mail: clerk(Wroanokeva.gov CECEL.IA F. MCCOY Deputy Cily Clerk July 30, 2018 CECELIA T. WEBB, CMC Assistant Deputy city Clerk William H. Chapman, Jr. Manager 415 OHW, LLC 415 Oliver Hill Way, Suite 100 Richmond, Virginia 23219 Dear Mr. Chapman: A public hearing has been advertised to be heard by the City Planning Commission on Monday, August 13 at 1:30 p.m., in the EOC Conference Room, Room 159, First Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding your request to vacate an alley approximately 10 feet in width and extending perpendicular from the southern edge of Luck Avenue, S.W., approximately 93.7 feet along the western edge and to the rear corner of the building located at 120 Luck Avenue, S.W. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, August 20 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ", following its meeting on August 13. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sincerel, r 40 Stephanie M. Moon Reynofcfs City Clerk Enclosure STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E-mail: clerk(Wroanokeva.gov CECELIA F. MCCOV Deputy City Clerk July Jul 30, 2018 CECELIAT. WEBB, CHIC Assistant Deputy City Clerk Greene Memorial United Methodist Church One Hundred Five Franklin Associates Nestle Brooke, LLC Lance M. Hale, Esquire, PC Andrew Lee Roberts, III Appalachian Power Company 415 OHW, LLC Franklin & First, LLC Ladies and Gentlemen: A public hearing has been advertised to be heard by the City Planning Commission on Monday, August 13, 2018 at 1:30 p.m., in the EOC Conference Room, Room 159, First Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., regarding a request of 415 OHW, LLC, represented by William H. Chapman, Jr., to vacate an alley approximately 10 feet in width and extending perpendicular from the southern edge of Luck Avenue, S.W., approximately 93.7 feet along the western edge and to the rear corner of the building located at 120 Luck Avenue, S.W. (See copy of the Public Hearing Notice attached.) Pursuant to provision of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, a public hearing also has been scheduled to be held on Monday, August 20 at 7:00 p.m. before the Roanoke City Council in the Council Chamber, pending formal action by the City Planning Commission, which may be viewed on the City's webpage, www.roanokeva.gov, under "Roanoke Planning Commission News ", following its meeting on August 13. This letter is provided for your information as an interested party and /or adjoining property owner. If you have questions regarding the Planning Commission public hearing, please contact Tina Carr, Secretary to the City Planning Commission at (540) 853 -1730. Questions regarding the City Council public hearing may be directed to the City Clerk's Office at (540) 853 -2541. Sinc�,< ly, ..ru.. Stephanie M. Moon Reynolds, N/61C City Clerk Enclosure SITAIIIANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOI E OFFICE OF THE CITY CIACRK 215 Church Avenue, S. W., Room 450 Roanoke, Virginias 24011 -1530 Telephone: (540) 859 -2541 Fax: (540) 853 -1145 E-mail: cicrk(n�runnnhc�a.l nv REVISED July 6, 2018 Tina Carr, Secretary City Planning Commission Roanoke, Virginia Dear Ms. Carr: C EC ELIA F. MCCON' Depuly C'ily Clerk C EC ELIA')% WEBB, C'MC Assislwit Deputy City Clerk Pursuant to Chapter 30, Streets and Sidewalks, Article I, In General, Section 30 -14, Procedure for altering or vacating city streets or alleys, fees therefor, Code of the City of Roanoke (1979), as amended, I am attaching a copy of an Application for Street or Alley Vacation received in the City Clerk's Office on June 22, 2018, from 415 OHW LLC requesting that the alley to the west of the building located at 120 Luck Avenue, S. W., from Luck Avenue to the rear of the building, be permanently vacated, discontinued and closed. Sincerely, / 4 Cecelia F. McCoy Deputy City Clerk Enclosure pc: William H. Chapman, Jr., Manager, 415 OHW, LLC, 415 Oliver Hill Way, Suite 100, Richmond, Virginia 23219 Sherman M. Stovall, Assistant City Manager for Operations Daniel J. Callaghan, City Attorney Luke E. Pugh, P.E., City Engineer Susan S. Lower, Director, Real Estate Valuation Wayne Leftwich, Senior City Planner S('EPIIANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF `THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E-mail: derk(n;roanokeva.gov September 28, 2018 The Honorable Sherman A. Holland Commissioner of the Revenue Roanoke, Virginia Dear Mr. Holland and Ms. Powers: CECELIA F. MCCOY Deputy Cite Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk The Honorable Evelyn W. Powers City Treasurer Roanoke, Virginia I am forwarding an attested copy of Ordinance No. 41258 - 091718 amending and reordaining Ordinance No. 41227 - 082018 adopted on August 20, 2018, which has been properly executed by Local Office on Aging, Inc., for purposes of assessment and collection of the service charges established by the Ordinance. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure PC: Ron Boyd, Chief Executive Officer, Local Office on Aging, P. O. Box 14205, Roanoke, Virginia 24038 Robert S. Cowell, Jr., City Manager Daniel J. Callaghan, City Attorney Amelia C. Merchant, Director of Finance Susan Lower, Director, Real Estate Valuation R.B. Lawhorn, Budget Manager, Management and Budget IN THE COUNCIL OF TIIF CITY OF ROANOKF, VIRGINIA The 17th day of September, 2018. No. 41258- 091718. AN ORDINANCE; amending and reordaining Ordinance No. 41227- 082018, adopted August 20, 2018, designating certain real property located at 4932 Frontage Road, designated as Official Tax Map No. 6490805 ( "Property "), owned by Local Office on Aging, Inc., a Virginia non- stock, not for profit corporation devoted exclusively to charitable and benevolent purposes on a nonprofit basis ('Applicant "), as exempt from real property taxation pursuant to Section 58.1 -3651, Code of Virginia (1950) as amended, to correct a scrivener's error; and dispensing with the second reading of' this ordinance by title. WHEREAS Ordinance No. 41227- 082018 adopted by the City on August 20, 2018, exempted the Property from real property taxation at the request of Applicant pursuant to Section 58.1 -3651, Code of Virginia (1950) as amended, after a public hearing was scheduled and advertised where City Council considered the matter; WHEREAS, because the City received Applicant's request for the Property to be exempt from real property taxation after the April 15, 2018, deadline for the exemption to become effective July 1, 2018, pursuant to City policy, the earliest date such tax exemption would become effective if granted by City Council would be January 1, 2019, and the Council Report dated August 70, 2018, provided that the exemption, if granted would be effective as of January 1, 2019; WHEREAS, Ordinance No. 41227 - 082018 inadvertently provided an effective date of August 20, 20 18, for the ti tion granted the Applicant for the Property to become effective; and WHEREAS, the City Council desires Ordinance No. 41227- 082018 to be amended and reordained to correct the scrivener's error to provide that the real estate tax exemption granted the Applicant for the Property become effective as of January 1, 2019. NOW, 'I'l lFREFORE, I3F I'I' ORDAINED by the Council of'the City of Roanoke as Follows: City Council hereby amends and reordains Ordinance No. 41227 - 082018, designating the Property owned by Applicant as exempt from real property taxation pursuant to Section 58.1 -3651, Code of Virginia (1950) as amended, to be effective .fanuary 1, 2019. 2. Except as amended by this Ordinance, the remainder of the terms and conditions in Ordinance No. 41227-082018, adopted by City Council August 20, 2018, remain in Full Force and effect. 3. Pursuant to Section 12 of'thc Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST. City Clerk. ACCEPTED, AGREED TO AND E ECUTED by Local Office on Aging, Inc. a not for profit corporation, this � day of Local Office on Aging, Inc. By: '�ZD i�-/ d Name:_ Title: STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF'FHE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 'telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail clerk(iuroanokeva.gov September 6, 2018 The Honorable Sherman A. Holland Commissioner of the Revenue Roanoke, Virginia Dear Mr. Holland and Ms. Powers: CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk The Honorable Evelyn W. Powers City Treasurer Roanoke, Virginia I am forwarding an attested copy of Ordinance No. 41227- 082018, which has been properly executed by Local Office on Aging, Inc., for purposes of assessment and collection of the service charges established by the Ordinance. Enclosure pc: Ron Boyd, Chief Executive Officer, Local Office on Aging, P. O. Box 14205, Roanoke, Virginia 24038 Robert S. Cowell, Jr., City Manager Daniel J. Callaghan, City Attorney Amelia C. Merchant, Director of Finance Susan Lower, Director, Real Estate Valuation R.B. Lawhorn, Budget Manager, Management and Budget STEPHANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (5,40) 853 -2541 Fax: (540) 853 -1145 E -mail: derk(wroanokeva.gov August 24, 2018 Ron Boyd Chief Executive Officer Local Office on Aging P. O. Box 14205 Roanoke, Virginia 24038 Dear Mr. Boyd: CECE:LIA F. MCCOY Deputy City Clerk CECEL.IA T. WEBB, CMC Assistant Deputy City Clerk I am enclosing copy of Ordinance No. 41227 - 082018 exempting from real estate property taxation certain real property located at 4932 Frontage Road, N.W., and designated as Roanoke Official Tax Map No. 6490805, owned by Local Office on Aging, Inc., a Virginia non - stock, not for profit corporation, devoted exclusively to charitable or benevolent purposes on a non - profit basis, effective August 20, 2018. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 20, 2018, and is in full force and effect upon its passage. Sincerely, Stephanie M. Moon Reynolds, MMC City Clerk Enclosure pc: The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable Evelyn Powers, City Treasurer Robert S. Cowell, Jr., City Manager Daniel J. Callaghan, City Attorney Susan S. Lower, Director of Real Estate Valuation R. B. Lawhorn, Budget Manager, Management and Budget ?L IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of August, 2018. No. 41227- 082018. AN ORDINANCE exempting from real estate property taxation certain real property located at 4932 Frontage Road, N.W., and designated as Roanoke Official Tax Map No. 6490805, owned by Local Office on Aging, Inc., a Virginia non - stock, not for profit corporation, devoted exclusively to charitable or benevolent purposes on a non - profit basis; providing for an effective date; and dispensing with the second reading of this ordinance by title. WHEREAS, Local Office on Aging, Inc., (hereinafter "the Applicant "), has petitioned Council to exempt certain real property from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on August 20, 2018; WHEREAS, the provisions of subsection B of Section 58.1 -3651, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the Applicant agrees that the real property to be exempt from taxation is that certain real estate, including the land and any building located thereon, identified by Roanoke Official Tax Map No. 6490805, commonly known as 4932 Frontage Road, N.W., Roanoke, Virginia (the "Property "), and owned by Local Office on Aging, Inc., for charitable, religious, and benevolent purposes, and shall be used by the Applicant exclusively for charitable or benevolent purposes on a non - profit basis; and WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has voluntarily agreed to pay each year a service charge, in an amount equal to twenty percent (20 %) of the City of Roanoke's real estate tax levy, which would be applicable to the Property were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. NOW,'I'l II "RI" ORF- I i F IT (RI)AINI D by the ('ourrciI of the City of Roanoke as IoIlows: I. Council classilies ar►d dcsignatcs I,ocal Officc on Aging, Inc., as a charitable., religious, or beneVOICilt organization within the context of Scction 6(a)(6) of Article X of tile: Constitution of Virginia, and hereby exempts from real estate taxation certain real estate, including the land and any building located thereon, identified by Roanol.c Official "fax Map No. 6490805, commonly known as 4932 Frontage Road, N.W., Roanoke, Virginia, and owned by Local Office on Aging, Inc., which Property is used exclusively for charitable or benevolent proposes on a non- profit basis; continuance of this exemption shall be contingent on the continued use of' the Property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. In consideration ol' Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty (20 %) percent of the City of Roanoke's real estate tax levy, which would be applicable to the Property, were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. 3. This Ordinance shall be in full force and effect on August 20, 2018, if by such time a copy, duly executed by an authorized officer ofthe Applicant, has been filed with the City Clerk. 4. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue, and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Ordinance, and to Ron Boyd, Chief Executive Officer, Local Office on Aging, Inc. 5. Pursuant to § 12 of the Roanoke City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: OtpLoftACity Clerk. A T+nA Copy TONS Ci1f► ACCEPTED, AGREED 'I'O AND EXECUTED by Local Office on Aging, Inc., a not For profit corporation, this day of , 2018. Local Office on Aging, Inc. By: i- Name: -- - - Tit l._ -- CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 20, 2018 Subject: Tax Exemption Request on Real Property of the Local Office on Aging, Inc. Background: Local Office on Aging, Inc. (LOA), a non - stock, non - profit corporation, has filed for tax exemption of real property located in the City, at 4932 Frontage Road, NW (Official Tax Map #6490805). The organization desires the property to be designated as exempt from real estate taxes pursuant to the provisions of the Code of Virginia. The LOA uses this property to serve as its headquarters. Since 1972, the LOA has provided a variety of community -based services to help senior citizens 60 and older who reside in the 5`h Planning District of Virginia to remain as independent as possible - for as long as possible. LOA provides Meals -on- Wheels and diners clubs, volunteer opportunities and caregiver services. LOA also helps seniors find assistance with personal care, emergency needs or legal problems, with essential transportation as well as with other At present, annual real estate taxes due on the parcel are $8,557 on a total assessed value of $701,300. The organization is current on the payment of its real estate taxes. Considerations: On May 19, 2003, City Council approved a revised policy and procedure in connection with requests from non - profit organizations for tax exemption of certain property in the City by Resolution 36331 - 051903, with an effective date of .January 1, 2003. Based on this policy and procedure, the LOA has provided the necessary information required for applications for exemptions that would take effect .January 1, 2019. As noted above, the assessed value of the real property is currently $701,300 with annual taxes due of $8,557. In lieu of the $8,557 in real estate taxes, the organization would agree to pay to the City an annual service charge equal to twenty percent of the tax levy on the parcel for as long as the exemption continues. In this case, based on the current assessed value, the service charge amount would be $1,711. Consequently, the City would be foregoing $6,846 annually in real estate revenue. Commissioner of the Revenue, Sherman Holland, has determined that the LOA is not exempt from paying taxes by classification or designation under the Code of Virginia. The IRS recognizes it as a 501(c)(3) tax - exempt organization. It should be noted that the Local Office on Aging, Inc. was formerly known as the League of Older Americans, Inc. On .July 19, 2004, City Council granted a real estate tax exemption to the League of Older Americans, Inc. on property it owned at 706 Campbell Avenue SW. That property was sold in October 2017, and the organization has since moved into its new quarters at the Frontage Road location. Notification of a public hearing to be held August 20, 2018, was duly advertised in the Roanoke Times. Recommended Action: Adopt an ordinance to authorize Local Office on Aging, Inc. be exempt from real property taxation pursuant to Article X, Section 6 (a) 6 of the Constitution of Virgin' chive January 1, 2019. - - - -- - -- --------------- Robert S. Cowell, Jr. City Manager Distribution: Council Appointed Officers Honorable Sherman A. Holland, Commissioner of the Revenue Honorable Evelyn W. Powers, City Treasurer Sherman M. Stovall, Assistant City Manager for Operations R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Ron Boyd, Chief Executive Officer Local Office on Aging, Inc. 4932 Frontage Road, Roanoke, VA 24019 2 (113 Clerk OFFIIC"I? OU-11111i C'IT'Y C:'IXRK 215 ('hurch Avenuc, S. W., Suite 456 Roa(loke, Virginia 24011 -1536 Telephone: (5 40) 853 -2541 Fax: (54O) 85; -1145 F -mail: cicrltn rnanokc� s. v>c June 19, 2018 R B Lawhorn, Budget Manager Management and Budget Roanoke, Virginia Dear Mr. Lawhorn: CECELIA U.IN('C(ll Wput} ('ilc ('lark C ECIiLIA'l . «7.IOI3, cmc Assistant Deputy City Clerk I am attaching copy of a petition from the Local Office on Aging, Inc., a Virginia, non - stock, not for profit corporation, dated June 19, 2018, which was filed in the City Clerk's Office on the same day, requesting exemption from taxation of certain real property located at 4932 Frontage Road, N. W., Official Tax Map No. 6490805, to be used exclusively for charitable and benevolent purposes, pursuant to Section 58.1 -3651, Code of Virginia (1950), as amended. Petitions forwarded by the City Clerk to the City Administration by April 15 for evaluation and recommendation to City Council will have an effective date of July 1 st. Petitions forwarded by October 15 will have an effective date of January 1st. Sincerely, —WL" �Y) - b)*-, 4 Stephanie M. Moon Rey s, M City Clerk Attachment PC: Ron Boyd, Chief Executive Officer, Local Office on Aging, P. O. Box 14205, Roanoke, Virginia 24038 The Honorable Sherman A. Holland, Commissioner of the Revenue Robert S. Cowell, City Manager Daniel J. Callaghan, City Attorney Susan S. Lower, Director, Real Estate Valuation .A „ VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE RE: PETITION FOR EXEMPTION FROM TAXATION OF CERTAIN PROPERTY PURSUANT TO ARTICLE X, SECTION 6(a)(6) OF THE CONSTITUTION OF VIRGINIA TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL OF THE CITY OF ROANOKE: Ia. Your Petitioner, Local Office on Aging, Inc. a Virginia, non - stock, not for profit coiporation owns certain real property, located at 4932 Frontaize Road NW in the City of Roanoke, Virginia, which property is City of Roanoke Tax Map ID #6490805 _ , with a total assessed value of $701,300 and a total of $8556.86 _ in real property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec. 58.1 -3651, of the Code of Virginia, as amended, in order that the referenced real property, to be used exclusively for charitable and benevolent purposes in Local Office on Aging Inc DBA LOA Area Agency on Aging Inc. formerly known as League of Older Americans Inc. established in 1976. Headquarters provides direct services (See attachment A: Directory of Services Serves as Designated Area Agency on Aging for the 5t" Planning District. {Describe proposed use of real property, if applicable.) be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. (if requesting exemption for personal property, complete section l.b) b. Your Petitioner, N/A a Virginia, non - stock, not for profit corporation owns certain personal property, located at in the City of Roanoke, Virginia, with a total assessed value of $ and a total of $ in personal property taxes that were paid or would have been paid in the most recent year, desires to be an organization designated pursuant to the provisions of Sec. 58.1 -3651, of the Code of Virginia, as amended, in order that the referenced personal property, to be used exclusively for charitable and benevolent purposes in tDescribe proposed use of personal property, if applicable.) be exempt from taxation under the provisions of Article X, Section 6 (a)(6) of the Constitution of Virginia so long as your Petitioner is operated not for profit and the property so exempted is used in accordance with the purpose for which the Petitioner is classified. 2. Your Petitioner agrees to pay to the City of Roanoke, an annual service charge in an amount equal to twenty percent (20 %) of the City of Roanoke tax levy, which would be applicable to this real estate, were our organization not be tax exempt, for as long as this exemption continues. Your petitioner acknowledges and agrees that it will immediately notify both the City of Roanoke Commissioner of the Revenue and the City of Roanoke Treasurer in writing in each instance when the property, or any portion thereof, is being leased to a third party and provide the City with a copy of the fully executed lease. Your petitioner agrees to include a provision in all leases of the property that such third parties shall be responsible for paying the City applicable leasehold taxes that may be assessed by the City. Petitioner acknowledges that if the foregoing conditions are not met, the City reserves the right to terminate the tax exempt status of the property. 4. Your Petitioner, if located within a service district, agrees to pay to the City of Roanoke an annual service charge equal to the additional service district tax that would be levied for as long as this exemption continues. Your Petitioner agrees to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax exempt status of your Petitioner. The following questions are submitted for consideration: (Q): Whether the organization is exempt from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954. (A): Your Petitioner was granted exemption from taxation pursuant to Section 501 (c) of the Internal Revenue Code of 1954 on February 24 1975 (See Attachment B 501C3 Letter. Attachment C SCC Document (Q): Whether a current alcoholic beverage license for serving alcoholic beverages has been issued by the Alcohol Beverage Control Board to such organization for use on such property. (A): No ABC License. (Q): Whether any director, officer or employee of the organization has been paid compensation in excess of a 2 reasonable allowance for salaries or other compensation for personal services which such director, officer or employee actually renders. (A): No director, officer or employee of the organization has been paid compensation in excess of a reasonable allowance for salaries or personal services which director or officer actually renders. 4. (Q): Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions or, local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in -kind or other material services. (A): No net earnings inures to the benefit of individuals. No significant portion of services provided is generated b funds received from donations contributions or, local, state or federal rag_ nts. (Q): Whether the organization provides services for the common good of the public. (A): Your Petitioner provides services for the common good of the public in as much as it The Local Office on Aging, Inc. is the desianated Area Agency on Aging for the 5th Planning District administering over 25 services to senior citizens. The Mission Statement of LOA: "Helping Older Persons Remain Independent for as Long as Possible." (See Attachment A for List of Services provided. (Describe the public service) 6. (Q): Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office. (A): LOA is a non partisan agency and employees are prohibited from: • Use work time or LOA resources to 0 7. accomplish goals that are politically motivated. Solicit or encourage monetary contributions or other support for a political party, campaign, candidate, or political belief during work hours. Use LOA facilities, such as break or eating areas, conference rooms, or offices for any political or campaign activity. Utilize LOA's property or LOA - issued property, including but not limited to, telephones (both cellular and desk phones), computers, facsimile machines, email systems, interoffice mail or voicemail, photocopiers, postage, paper, envelopes, or other office supplies, for any political or campaign activity. Use LOA's name or affiliation in connection with any political or campaign activity, at any time (Q): Whether any rule, regulation, policy or practice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin. (A): (Q): Whether there is a significant revenue impact to the locality and its taxpayers of exempting the property. (A): (Q): Any other criteria, facts and circumstances, which the governing body deems pertinent to the adoption of such ordinance. (A): (Provide as necessary). Note: All tax exemption petitions submitted for consideration by City Council must be filed with the City Clerk's Office. THEREFORE, your Petitioner, Local Office on Aging, Inc, respectfully requests to the Council of the City of Roanoke that this real or personal property, or both, of your Petitioner be designated exempt from taxation so long as your Petitioner is operated not for profit and the property so exempt is used for the particular purposes of providing Local Office on Aging Inc DBA LOA Area Agency on Aging, Inc. formerly known as League of Older Americans, Inc. established in 1972 Headquarters provides direct services (See attachment A• Directory of Services. Serves as Designated Area Agency on Aging for the 5 t" Planning District. 0] Attachments: Attachment C- Department of Agriculture and Consumer Services Request for Exemption League of Older Americans Attachment D- Charles Schwab Record of Local Office on Aging, Inc. Attachment E- Documentation of Name change from League of Older Americans, Inc. to Local Office on Aging, Inc. Attachment F -Tax Exemption Certificate Attachment G -2016 990 Tax Return Respectfully submitting this day , 2018 By: President & CEO The Roanoke Times Roanoke, Virginia Affidavit of Publication SHERMAN M STOVALL, ASSISTANT CITY MGR C /O: R. Brian Townsend, Assistant City Manager for Community Development 215 CHURCH AVENUE, S. W., SUITE 456 ROANOKE, VA 24011 Account Number 6017304 Date August 13, 2018 Date Category Description Ad Size Total Cost 08/19/2018 Legal Notices NOTICE OF PUBLIC HEARING Notice is hereby given that tt 1 x 55 L 320.80 Publisher of the NOTICE OF PUBLIC HEARING I Roanoke Times Notice is hereby given that the City Newspaper reference: 0000801029 Council of the City of Roanoke will hold a public hearing at its regular meeting I, (the undersigned) an authorized representative of the to be held on Monday, August 20, 2018, 44tary commencing at 7:00 , in the Roanoke Times, a daily newspaper in Roanoke, in the N Council Chamber, 4th Floor, Noel C. published Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, or as State of Virginia, do certify that the annexed notice NOTICE OF soon thereafter as the matter may be heard, on the question of adoption of PUBLIC HEARING was published in said newspapers on the an ordinance pursuant to Section 58.1- Billing Repres ntative 3651, Code of Virginia (1950), as following dates: amended, approving the request of Sworn to and subscribed before me this Monday, August 13, 2018 Local Office on Aging, Inc., a Virginia 201 non - stock, non - profit corporation for designation of its real property, identified as Official Tax Map No. ., � ; IRE. \� 6490805, and located at 4932 Frontage 08/13/2018 Road, N.W Roanoke, Virginia, as exempt from ., taxation. The total assessed value of the applicant's real estate for which tax exemption is being sought, is $701,300 for the 2018 tax year, with a tax of $8,557. The loss of revenue will be $6,846 annually after a 209. service charge is levied in lieu of real estate The First insertion being given ... 08/13/2018 taxes. Citizens shall have the opportunity to be heard and express their opinions on Newspaper reference: 0000801029 this matter. If you are a person with a disability who needs accommodations for this 44tary public hearing, contact the City Clerk's Office, at (540)853 -2541, by 12:00 Noon Pu on Thursday, August 16, 2018. GIVEN under my hand this 7th day of August' 2018. Billing Repres ntative Stephanie M. Moon Reynolds, City Clerk City C Sworn to and subscribed before me this Monday, August 13, 2018 ($0 201 v gii3i rl. 44tary 4(A Pu . �' �1�,� � • '\' it ., , `� %�� � • State of Virginia City/County of Roanoke 31 201 My Commission expires : ••.•� ., � ; IRE. \� V, r_A1 ,1 C ,'' THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU ` " ` • NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on Monday, August 20, 2018, commencing at 7:00 p.m., in the Council Chamber, 4tn Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, or as soon thereafter as the matter may be heard, on the question of adoption of an ordinance pursuant to Section 58.1 -3651, Code of Virginia (1950), as amended, approving the request of Local Office on Aging, Inc., a Virginia non - stock, non - profit corporation for designation of its real property, identified as Official Tax Map No. 6490805, and located at 4932 Frontage Road, N.W., Roanoke, Virginia, as exempt from taxation. The total assessed value of the applicant's real estate for which tax exemption is being sought, is $701,300 for the 2018 tax year, with a tax of $8,557. The loss of revenue will be $6,846 annually after a 20% service charge is levied in lieu of real estate taxes. Citizens shall have the opportunity to be heard and express their opinions on this matter. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, at (540)853 -2541, by 12:00 Noon on Thursday, August 16, 2018. GIVEN under my hand this 7th day of August , 2018. Stephanie M. Moon Reynolds, City Clerk Notice to Publisher: Publish once in the Roanoke Times in the Roanoke Times, legal notices, on Monday, August 13, 2018: Send affidavit to; Stephanie M. Moon Reynolds, MMC, City Clerk 215 Church Avenue, S.W., Room 456 Roanoke, VA 24011 (540) 853 -2541 Send Bill to: R Brian Townsend, Assistant City Manager 215 Church Avenue Room 364 Roanoke, Virginia 24011 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2018. No. 41228 - 082018. AN ORDINANCE authorizing the conveyance of new permanent sanitary sewer easements, with an approximate width of 5 feet and 15 feet, containing 2,286 square feet, more or less, and a 10 foot wide temporary construction easement, containing 2,823 square feet, more or less, across City -owned property identified as Official Tax Map No. 5470704, located at 0 Van Winkle Road, S.W., Roanoke, Virginia ( "Property "), to the Western Virginia Water Authority ( "Authority "), upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held August 20, 2018, pursuant to Sections 15.2- 1800(B) and 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the proposed vacation of the public utility easement. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to execute the necessary documents providing for the conveyance of new permanent sanitary sewer easements, with an approximate width of 5 feet and 15 feet, containing 2,286 square feet, more or less, and a 10 foot wide temporary construction easement, containing 2,823 square feet, more or less, across City -owned property identified as Official Tax Map No.5470704, located at 0 Van Winkle Road, S.W., Roanoke, Virginia, to the Authority, and to be installed at the sole cost of the Authority for the purpose to permit the Authority to connect high pressure water lines from Van Winkle Road, S.W. across the subject property to property owned by WTSH, LLC, designated as Official Tax Map No. 5440101 in order to serve a future residential development O- Sanitary Sewer Easement to Western VA Water Authority.TM5470704 (8.20.18) in the City of Roanoke, and as more particularly set forth in the City Council Agenda Report dated August 20, 2018. 2. All documents necessary for this conveyance shall be in a form approved by the City Attorney. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: � Ir4-. %)-alf ar City Clerk 2 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 20, 2018 Subject: Request from Western Virginia Water Authority for a New 15 foot and 5 foot Public Waterline Easement and a 10 foot Temporary Construction Easement located on Tax Map No. 5470704 also known as 0 Van Winkle Rd., SW Background: The Western Virginia Water Authority (WVWA) is requesting a new 5 foot wide and 15 foot wide Public Waterline Easement (the "Permanent Easement "), to construct, install, improve, operate, inspect, use, maintain, repair or replace water lines together with related improvements as well as a 10 foot wide temporary construction easement together with the right of ingress and egress thereto from a public road, upon, over, under and across that tract or parcel of land belonging to the City of Roanoke designated as Official Tax Map No. 5470704. The purpose of this easement is to permit the WVWA to connect high pressure water lines from Van Winkle Road across property owned by WTSH, LLC designated as Official Tax Map No. 5440101 in order to serve a new residential development in the City of Roanoke and to connect the high pressure Water lines to existing WVWA lines on Peakwood Drive, which will provide additional support for the water pressure in the existing lines and to provide better fire flow protection to Peakwood Drive. The location of said easement is described on the exhibit attached hereto as Exhibit A. Recommended Action: Authorize the City Manager to execute the appropriate easement agreement granting a new 5 foot wide and 15 foot wide Public Waterline Easement (the "Permanent Easement "), as well as a 10 foot wide temporary construction easement over, under and across Official Tax Map No. 5470704. The form of such easement agreement shall be approved as to form by the City Attorney. ---------- (? Robert S. Cowell, Jr. City Manager Attachment: "Exhibit A" Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Luke E. Pugh, P.E., City Engineer Robert Ledger, Acting Director Economic Development Cassandra L. Turner, Economic Development Specialist 2 JY N Z O o C; Qt TAX #54/0' [G PRIIPL "Y t> 0 T 3, B! - OCK 12 ('UTHERN Ht(..i. ; AY A54707 "2 11,11POPERi " 0'r . 6 S 11 C NSfr,' "'LArT 4,070OO 875 t_ rT 2, f3LCiCk t° )SECTION .21 RE Y { 55 a ' d � \ \ NEW 10' TC.E t is NEW 15' W.LE. VA Nl W1 N KLE R0AD, S.IF, 50' #?,' A?4 C-- I Graphic Scale R=- 90,00' ` 0' 25' 50' 100' i- 64.6-4' L= 112 t'' I" inch = 50' Feet CHO. IF =S• .� 03374n_es0i - 0yoUtI r- y' t C, 6 V NEW 10' T.C.E - NEW 5' W.LE. TAX x`5470,7n4 fPROPEP "Y )F CITY CF R9ANOI�'E [1R 144" PG 461 LCD 4, PLCCK 12 SECTION 4 S01171iERN HILLS P.E. ", PG. 55 LEGEND D.R DEED BOOK EX, EXISTING 1, PIPE IRON PIPE M.B. MAP BOOK PG. PAGE P.B. PLAT BOOK R1W RIGHT OF WAY T.C.E. TEMPORARY CONSTRUCTION EASEMENT W.L.E. WATER LINE EASEMENT NOTE. 1. THE PURPOSE OF THIS EXHIBIT IS TO CREATE NEW 5' AND 15' PUBLIC WATERLINE EASEMENTS AND A NEW 10' TEMPORARY CONSTRUCTION EASEMENT AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 2. THIS EXHIBIT WAS PREPARED WITHOUT IHE BENEFIT OF A CURRENT TITLE REPORT AND ENCUMBRANCES MAY EXIST THAT AFFECT THE SURECT PROPERTY THAT ARE NOT SHOWN HEREON. J. FOR CLARITY PURPOSES, NOT ALL PHYSICAL IMPROVEMENTS 110 1HE SUBtECT PROPERTY ARE SHOWN ON THIS EXHIBIT. t THIS EXHIBIT IS BASED ON A CURRENT FIELD SURVEY. 5. THIS PROPERTY DOES NOT FALL WITHIN THE LIMITS OF A F,E.M.A. SPECIAL FLOOD HAZARD AREA, SEE MAP 151161CO252G, DATED 912812007 ZONE Y UNSHADED. EXHIBIT SHOWING A NEW 2,286 S.F. �L�H' "00. 5' AND 15' PUBLIC WATERLINE EASEMENT O op AND A NEW 2,823 S.F. Qj 10 TEMPORARY CONSTRUCTION EASEMENT BEING GRANTED BY CITY OF ROANOKE TO THE WESTERN VIRGINIA WATER AUTHORITY SITUATED ALONG VAN WINKLE ROAD S. W. CITY OF ROANOKE, VIRGINIA DATE: July 10, 2018 SCALE: Luinsden Associates, P.C. 1" = 50' ENGINEERS I� SURVEYORS ; PLANNERS COMM. NO.: 03-374N 4664 BRAMBLETON AVENUE PHONE: (S40) 774 -4411 P.O. BOX 20669 FAX: (540) 772 -9445 ROANOKE, VIRGINIA 24018 WWW.LUMSDENPC.COM w: \dfewinas\2003\03374n \sUr \03374n —nt dwn The Roanoke Times Roanoke, Virginia Affidavit of Publication SHERMAN M STOVALL, ASSISTANT CITY MGR C /O: R. Brian Townsend, Assistant City Manager for Community Development 215 CHURCH AVENUE, S. W., SUITE 456 ROANOKE, VA 24011 Account Number 6017304 Date August 13, 2018 Date Category Description Ad Size Total Cost 08/19/2018 Legal Notices NOTICE OF PUBLIC HEARING The City of Roanoke ( "City ") 1 x 73 L 402.88 NOTICE OF PUBLIC HEARING The City of Roanoke ( "City ") proposes to grant new permanent sanitary sewer easements with approximate width of 5 feet and 15 feet, containing 2,286 sq. ft., more or less, collectively, and a 10 foot wide temporary construction easement, containing 2,823 sq. ft., together with the right of ingress and egress thereto from a public road across City -owned property identified as Official Tax Map No. 5470704, located at 0 Van winkle Road, S.W., Roanoke, Virginia ( "Property "), to the Western Virginia Water Authority ( "Authority "), at the Authority's request. The purpose of these easements is to permit the Authority to connect high pressure water lines from Van Winkle Road, S.W. across the subject property to property owned by WTSH. LLC, designated as Official Tax Map No. 5440101 in order to serve a future residential development in the City of Roanoke. Pursuant to the requirements of Sections 15.2- 1800(B) and 15.2 -1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, August 20, 2018, commencing at 7:00 p.m., or as soon as the matter may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Copies of the proposed Easement Agreement and the proposed ordinance will be available in the City Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, on and after Monday, August 13, 2018. For further information on the matter, you may contact the Office of the City Clerk at (540)853 -2541. Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice NOTICE OF PUBLIC HEARING was published in said newspapers on the following dates: 08/13/2018 The First insertion being given ... 08/13/2018 Newspape reference: 0000801001 Billing Re esentative Sworn to and subscribed before me this Monday, August 13, 2018 All parties and interested entities may Y ` appear on the above date and time to be heard on the above matter. t�,4tlp:; If you are a person with a disability who need hearing, pleasec on tact the City Clerk's �,� �'� • l��r''��2�' Office at (540) 853 -2541, before 12:00 Notary ubl• Noon on Thursday, August 16, 2018. `,C >\l J�.`,i� i• GIVEN under my hand this 13th day of U�_ State of Virginia t- 'L s .;C ''� August, 2018. 9 Stephanie M. Moon Reynolds, MMC City/County of Roanoke k : F'�G.. City Clerk My Commission expire (801001) THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU NOTICE OF PUBLIC HEARING The City of Roanoke ( "City ") proposes to grant new permanent sanitary sewer easements with approximate width of 5 feet and 15 feet, containing 2,286 sq. ft., more or less, collectively, and a 10 foot wide temporary construction easement, containing 2,823 sq. ft., together with the right of ingress and egress thereto from a public road across City -owned property identified as Official Tax Map No. 5470704, located at 0 Van Winkle Road, S.W., Roanoke, Virginia ( "Property "), to the Western Virginia Water Authority ( "Authority "), at the Authority's request. The purpose of these easements is to permit the Authority to connect high pressure water lines from Van Winkle Road, S.W. across the subject property to property owned by WTSH, LLC, designated as Official Tax Map No. 5440101 in order to serve a future residential development in the City of Roanoke. Pursuant to the requirements of Sections 15.2- 1800(B) and 15.2 -1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, August 20, 2018, commencing at 7:00 p.m., or as soon as the matter may be heard, in the Council Chamber, 4th Floor, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Copies of the proposed Easement Agreement and the proposed ordinance will be available in the City Clerk's Office, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011, on and after Monday, August 13, 2018. For further information on the matter, you may contact the Office of the City Clerk at (540)853 -2541. All parties and interested entities may appear on the above date and time to be heard on the above matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 Noon on Thursday, August 16, 2018. GIVEN under my hand this 13th day of August, 2018. Stephanie M. Moon Reynolds, MMC City Clerk PH Notice - Easement to Western VA Water Authority (8.20.18) Note to Publisher: Please publish once in the Roanoke Times, legal notices, on Monday, August 13, 2018. Please send affidavit of publication to: Stephanie M. Moon Reynolds, MMC, City Clerk 4th Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 456 Roanoke, Virginia, 24011 Phone: (540) 853 -2541 Send Invoice to: R. Brian Townsend, Assistant City Manager for Community Development 3rd Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011 Phone: (540) 853 -2333 PH Notice- Easement to Western VA Water Authority (8.20.18) -6p IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of August, 2018. No. 41229 - 082018. AN ORDINANCE authorizing the City Manager to execute a lease agreement between the City and the United States Postal Service for use of approximately 5,709 square feet of City -owned property, including the mezzanine area, in the first floor of the Church Avenue Parking Garage located at 101 Church Avenue, S.W., Roanoke, Virginia, for the operation of a downtown post office branch, for a five year term, upon certain terms and conditions; authorizing the City Manager to implement, administer, and enforce such lease; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on August 20, 2018, pursuant to Sections 15.2 -1800 and 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the proposed lease. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute, on behalf of the City of Roanoke, a lease agreement with the United States Postal Service for use of approximately 5,709 square feet of City - owned property, including the mezzanine area, in the first floor of the Church Avenue Parking Garage located at 101 Church Avenue, S.W., Roanoke, Virginia (the "Leased Premises "), for the operation of a downtown post office branch, for a five year term, beginning August 9, 2019, and ending July 31, 2024, at a rate of $11.45 /square foot, resulting in an annual rent of $65,368.00, payable to the City in equal monthly installments of $5,447.33 (the "Lease "). The United States Postal Service will be responsible for payment of utilities and janitorial services at the Leased Premises. The City will be responsible for capital and routine maintenance of the Leased Premises. Under the terms of the Lease, the City will also be responsible for broker's commission due to the broker /agent for United States Postal Service in the amount of $9,763.03. Revenue from the Lease will be assigned to the Parking Fund, all as more particularly described in the City Council Agenda Report dated August 20, 2018. 2. The Lease shall be in a form approved by the City Attorney and shall be substantially similar to the form attached to the above mentioned Agenda Report. 3. The City Manager is further authorized to take such actions and execute such documents as may be necessary to implement, administer, and enforce such Lease, with any such documents being approved as to form by the City Attorney. 4. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: f3ePu� City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 20, 2018 Subject: Leasing of Approximately 5,709 Square Feet of Space, Including the Mezzanine Area, in the First Floor of the Church Avenue Parking Garage located at 101 Church Avenue, S.W. to the United States Postal Service for the Operation of a Downtown Post Office Branch Background: The United States Postal Service (USPS) has leased approximately 5,709 square feet of space, including the mezzanine area, from the City of Roanoke in the first floor of the Church Avenue Parking Garage for the past 24 years. The current lease ends on August 8, 2019. The USPS desires to continue to lease the space for the operation of the Downtown Post Office Branch. A new lease is required to be approved and executed by the City and USPS. A public hearing is required regarding such lease of public property for this purpose. Consideration: The proposed lease is for a five year term beginning on August 9, 2019 and ending on July 31 , 2024. The lease rate is $11.45 per square foot for a total annual rent of $65,368. The current annual rent is $10.00 per square foot or $57,090. As part of the requirements of USPS, the City will be required to pay a one -time broker fee in the amount of $9,763.03. The City will be responsible for capital and routine maintenance of the leased premises except that USPS shall continue to be responsible for maintenance of the elevator and shall be responsible for any improvements USPS installs after the commencement date of the lease. USPS is also responsible for the payment of janitorial services and utility charges. Revenue from the lease will be assigned to the Parking Fund. Recommended Action: Following the public hearing: (1) authorize the City Manager to execute a lease agreement with USPS for approximately 5,709 square feet of space in the Church Avenue Parking Garage, located at 101 Church Avenue S.W., for a period of five years, commencing August 9, 2019 and ending ,July 31, 2024, which lease shall be in the form substantially similar to the form of the lease attached to this Report; and (2) authorize the City Manager to take such actions and execute such documents as may be necessary to implement, administer, and enforce such lease. Such lease, amendment, and other such documents shall be approved as to form and execution by the City Attorney. )�Z - Robert S Cowell, .J r. City Manager Distribution: Council Appointed Officers Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director, Department of Finance Rob Ledger, Acting Director of Economic Development Cassandra L. Turner, Economic Development Specialist UNITED ST137 E" UNITED STATES /POSTAL. SERVICE- Lease (Multi- Tenant Form) Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) County: Independent City 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 Lease: Q90000506205 This Lease, by and between CITY OF ROANOKE, VIRGINIA, ( "Landlord ") and the United States Postal Service ( "USPS" or "Postal Service "), is made as of the Effective Date. The "Effective Date" shall mean the date the Postal Service executes this Lease. In consideration of the mutual promises set forth and for other good and valuable consideration, the sufficiency of which are hereby acknowledged, the parties covenant and agree as follows: 1. PREMISES: Landlord hereby leases to the Postal Service and the Postal Service leases from Landlord, the following premises (the "Premises ") located in a portion of the first floor and part of a mezzanine in a multi -story Steel Frame building having a street address of 101 CHURCH AVE SW, ROANOKE, VA 24011 -9997 (the " Building ") situated upon the real property with an Assessor's Parcel Number of 1011615 (the "Property "). The Premises consists of approximately 5,709 square feet of net interior space as shown cross - hatched on Exhibit A and additional space,if any, as shown on Exhibit C attached hereto and incorporated herein by this reference. The Postal Service shall have the non - exclusive right in common with other tenants, if any, of the Building to use any and all stairways, halls, toilets and sanitary facilities, and all other general common facilities in the Building as well as appurtenances and easements benefiting the Premises and the Property, and all common sidewalks, driveways, drive lanes, entrances, exits, access lanes, roadways, service areas, parking and other common areas, wherever located in or on the Property, which the Postal Service deems necessary or appropriate to support its intended use of the Premises and to exercise its rights under this Lease. Landlord shall not make any changes to the size, location, nature, use or place any installations upon, the common areas, including, without limitation the sidewalks and parking areas, of the Property which impair the accessibility to or visibility of or ease of use of the Premises by the Postal Service and /or its customers, as reasonably determined by the Postal Service. 2. TERM: The Lease shall be effective as of the Effective Date but the term of this Lease and the obligations of the Postal Service, including the payment of any charges or rent under this Lease, shall begin on August 09, 2019 ( "Commencement Date ") and end on July 31, 2024, unless sooner terminated or extended as provided herein. If this Lease is extended, then such extended period shall also be referred to herein as the "term." 3. RENT: The Postal Service will pay Landlord an annual rent of: $65,368.00 ( "Rent "), payable in equal installments at the end of each calendar month during the term. Rent for a part of a month will be prorated according to the number of days of the month occurring during term. Rent shall be paid to: CITY OF ROANOKE PARK ROANOKE, PO BOX 83 ROANOKE, VA 24002 -0083 4. RENEWAL OPTIONS: None 5. OTHER PROVISIONS: When used herein the term "lease" or "Lease" includes all of the following additional provisions, modifications, riders, layouts, and /or forms which were agreed upon prior to execution and made a part of this Lease. • General Conditions to USPS Lease • Real Estate Conflict of Interest Certification August 2017 Page 1 of 2 UNITED STATES POSTAL SERVICE Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 Lease (Multi- Tenant Form) County: Independent City Lease: Q90000506205 • Addendum • Maintenance Rider Landlord Responsibility • Utilities, Service, & Equipment Rider • Subordination, Non - Disturbance and Attornment Agreement 6. TERMINATION: In addition to its rights found elsewhere in this Lease, the Postal Service shall have the option to terminate this Lease at any time upon 60 days prior written notice to Landlord. [Signature Page Follows] August 2017 Page 2 of 2 UNITEDST13TES Signature Pa POSTd L SERVICE 9 9 e Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) County: Independent City 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 Lease: Q90000506205 LANDLORD CITY OF ROANOKE, VIRGINIA Name: By: Witness Name: Robert S. Crowell, Jr. Title: City Manager Name: Date: Witness Provide for Execution by Witnesses above or Notary below State of County of I, the undersigned Notary Public of the County of and State aforesaid, certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this day of , My Commission Expires: (Affix Seal) Notary Public Notary's Printed or Typed Name POSTAL SERVICE By: Name: ESTHER TINORT Title: Contracting Officer Date: August 2017 Page 1 of 1 UNITED STATES ;W POSTAL SERVICE Instructions Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) County: Independent City 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 Lease: Q90000506205 Instructions for Execution and Providing Supporting Documentation for Types of Landlord Entities Individual, Administrator, or Trustee a. All co- owners and all other persons having or to have a legal interest in the property must execute the Lease. If the Landlord is married, the spouse of the Landlord must also execute the Lease. The Landlord must submit adequate evidence of title. b. Where the Landlord is an administrator or an executor of an estate, there must be furnished a certificate of the clerk of the court or certified copy of the court order showing the appointment of the administrator or executor, together with a certified copy of the will of the deceased. If there is no will, or in the event the will of the deceased does not specifically authorize the administrator or the executor to enter into a contract to lease the proposed quarters, it will generally be necessary to furnish, in addition to the above named items, a certified copy of the court order authorizing such administrator or executor to enter into a lease with the Postal Service. c. Where the Landlord is a trustee, a certified copy of the instrument creating the trust must be furnished together with any other evidence necessary to establish the trustee's authority to lease. Partnership a. All co- owners and all other persons having or to have a legal interest in the property must execute the Lease. If the Landlord is married, the husband or wife of the Landlord must also execute the Lease. The Landlord must submit adequate evidence of title. b. If the Landlord is a general partnership, each member must sign. c. If the Landlord is a limited partnership, all general partners must sign. Corporation a. Where the Landlord is a corporation, leases and lease agreements entered into must have the corporate seal affixed, or in place thereof, the statement that the corporation has no seal. b. Where the Landlord is a corporation, municipal corporation, non - profit organization, or fraternal order or society, the Lease must be accompanied by documentary evidence affirming the authority of the signatory, to execute the Lease to bind the corporation, municipal corporation, non - profit organization, or fraternal order or society for which he (or they) purports to act. The usual evidence required to establish such authority is in the form of extracts from the articles of incorporation, or bylaws, or the minutes of the board of directors duly certified by the custodian of such records, under the corporate seal. Such resolutions, when required, must contain the essential stipulations embodied in the Lease. The names and official titles of the officers who are authorized to sign the Lease must appear in the document. Limited Liability Company (LLC) a. All co- owners and all other persons having or to have a legal interest in the property must execute the Lease. The Landlord must submit adequate evidence of title. b. Where the Landlord is an "LLC ", the Lease must be accompanied by documentary evidence affirming the authority of the signatory, to execute the Lease to bind the "LLC ", for which he (or they) purports to act. The usual evidence required to establish such authority is in the form of extracts from the formation documents for the "LLC ", including, without limitation, the certificate of formation and limited liability company agreement.. Such documentary evidence, must contain the essential stipulations embodied in the Lease. The names and official titles of the officers or members or agents who are authorized to sign the Lease must appear in the document. August 2017 Page 1 of 2 UNITED STATES POSTAL SERVICE Instructions Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) County: Independent City 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 Lease: Q90000506205 Limited Liability Partnership (LLP) a. All co- owners and all other persons having or to have a legal interest in the property must execute the Lease. The Landlord must submit adequate evidence of title. b. Where the Landlord is a Limited Liability Partnership, the Lease must be accompanied by documentary evidence affirming the authority of the signatory, to execute the Lease to bind the Limited Liability Partnership for which he (or they) purports to act. The usual evidence required to establish such authority is in the form of extracts from the formation documents for the limited liability partnership, including, without limitation, the certificate of formation and limited liability partnership agreement Such documentary evidence, must contain the essential stipulations embodied in the Lease. The names and official titles of the officers or members or agents who are authorized to sign the Lease must appear in the document. Trust a. All co- owners and all other persons having or to have a legal interest in the property must execute the Lease. The Landlord must submit adequate evidence of title. b. Where the Landlord is an administrator or an executor of an estate, there must be furnished a certificate of the clerk of the court or certified copy of the court order showing the appointment of the administrator or executor, together with a certified copy of the will of the deceased. If there is no will, or in the event the will of the deceased does not specifically authorize the administrator or the executor to enter into a contract to lease the proposed quarters, it will generally be necessary to furnish, in addition to the above named items, a certified copy of the court order authorizing such administrator or executor to enter into a lease with the Postal Service. c. Where the Landlord is a trustee, a certified copy of the instrument creating the trust must be furnished together with any other evidence necessary to establish the trustee's authority to lease. August 2017 Page 2 of 2 '' UNITED STATES A POSTAL SERVICE Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 Real Estate Conflict of Interest Certification County: Independent City Lease: Q90000506205 To avoid actual or apparent conflicts of interest, the United States Postal Service ( "Postal Service ") requires the following certification from you as a potential Landlord /Licensor /Supplier /Contractor to the Postal Service. Please check all that apply in item A below. Further, please understand that the Postal Service will be relying on the accuracy of the statements made by you in this certification in determining whether to proceed with any possible transaction with you. I, Robert S. Crowell, Jr. hereby certify to the Postal Service as follows: [PRINT: name of potential Landlord /Licensor /Supplier /Contractor] A. (Check all that apply) I am: (i) A Postal Service employee; (ii) The spouse of a Postal Service employee; (iii) A family member of a Postal Service employee; (Relationship) (iv) An individual residing in the same household as a Postal Service employee; (v) I am one of the individuals listed in (i) through (iv) above AND a controlling shareholder or owner of a business organization leasing or licensing space or intending to lease or license space to the Postal Service; OR (vi) None of the above. B. (Complete as applicable): i. I have the following job with the Postal Service: (Title) (Location) ii. My spouse who works for the Postal Service holds the following job: (Title) (Location) iii. My family member who works for the Postal Service holds the following job: (Title) (Location) iv. My household member who works for the Postal Service holds the following job: (Title) (Location) C. If you have checked "none of the above" and during the lease or license term or any renewal term, you do fall into any of the categories listed in A (i) through (v) above, you shall notify the Postal Service's Contracting Officer in writing within 30 days of the date you fall into any of the such categories and shall include an explanation of which of the above categories now applies. D. The person signing this certification has full power of authority to bind the potential Landlord /Supplier /Contractor named above. August 2017 Pagel of 2 �UNITED STATES Real Estate Conflict of Interest Certification POSTAL SERVICE, Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) County: Independent City 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 Lease: Q90000506205 Executed this day of , 20 BY: [Insert Signature] BY: Robert S. Crowell, Jr. [PRINT: name of entity or person] Title: City Manager [Insert title] [INTERNAL USE ONLY: 1) If A(vi) 'none of the above' is selected, stop, file form with the lease /license. 2) If other items are selected, submit form to Ethics.helpCc usps.gov. File form and Ethics determination with the lease /license.] August 2017 Page 2 of 2 UNITED STATES POSTAL SERVICE Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716-015) 101 CHURCH AVE SW, ROANOKE VA 24011-9997 Exhibit A County: Independent City Lease: Q90000506205 August 2017 Page 1 of 3 Is :n Exhibits tti 01. Ci 0 II 0, August 2017 Page 1 of 3 Is :n Exhibits tti 01. Ci 0 0, o _7 August 2017 Page 1 of 3 Is :n Exhibits tti 01. Ci 0 UNITED STATES POSTAL SERVICE IFacility Name/Location ROANOKE - DOWNTOWN ROANOKE ST (517716-015) 101 CHURCH AVE SW, ROANOKE VA 24011-9997 County: Independent City Lease: Q90000506205 Exhibit A 1: arr ---------- �11f, T, i. :t August 2017 Page 143 ZI A r Exhibits I UNITED STATES �~ POSTAL SERVICE Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 Exhibit B Parking Area (If Applicable) County: Independent City Lease: Q90000506205 August 2017 Page 2 of 3 Exhibits ACUNITED STATES nosrnL SERVICE Exhibits Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) County: Independent City 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 Lease: Q90000506205 Exhibit C If there is any conflict or ambiguity between any items of the lease, Exhibit A, and Exhibit B, the terms of this Exhibit C shall control. Area Sq ft Rentable SF: 5,709 Total LISPS Leased SF: 5,709 Exterior, Total Site: 5,709 August 2017 Page 3 of 3 EXHIBIT D COMPLIANCE WITH FEDERAL IMMIGRATION LAW. The Postal Service agrees that the Postal Service does not, and shall not during the performance of this Lease, knowingly employ an unauthorized alien as defined in the federal Immigration Reform and Control Act of 1986. NONDISCRIMINATION., A. During the performance of this Lease, the Postal Service agrees as follows: L the Postal Service will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Postal Service. The Postal Service agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. ii. The Postal Service in all solicitations or advertisements for employees placed by or on behalf of the Postal Service will state that the Postal Service is an equal opportunity employer. iii. Notices, advertisements and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. B. The Postal Service will include the provisions of the foregoing Section A (1, ii, and iii) in every subcontract or purchase order of over S 10,000, so that the provisions will be binding upon each subcontractor or vendor. pRUG -FREE WORKPLACE. A. During the performance of this Lease, the Postal Service agrees to (1) provide a drug -free workplace for the Postal Service's employees; (ii) post in places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the Postal Service that the Postal Service maintains a drug -free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. B. For the purposes of this section, "drug -free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. UAI I'll BASED ORGANI/ A VIOLAS. P'u uant to Virgilia code S w it , " 414; I. be ad•, i l.'d that =hl-* Cite does -ot diyermtnate ,:Lam -,! 131th- KI'sed ty£�� Siil';ith +61 A UNITEDST13TES POSTAL SERVICE Addendum Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) County: Independent City 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 Lease: Q90000506205 If there is any conflict or ambiguity between any items of the Lease or this Addendum, the terms of this Addendum shall control. 7. GENERAL CONDITIONS, SECTION 5[b]i SHALL BE AMENDED AS FOLLOWS: Landlord shall submit to the Postal Service a copy of its construction contract for the repair or evidence of its filing of applications for necessary building permits and /or other required governmental approvals (as applicable) for the repair, within 30 days after the date of the Casualty, and shall complete the repair to the reasonable satisfaction of the Postal Service within 90 days after the date of the Casualty or longer as approved by the Contracting Officer, approval not to be unreasonably withheld, conditioned or delayed. 8. GENERAL CONDITIONS, SECTION 5[b](ii) SHALL BE AMENDED AS FOLLOWS: If the Postal Service gives such notice that the Premises is untenantable, Landlord shall submit to the Postal Service a copy of its construction contract for the repair or evidence of its filing of applications for necessary building permits and /or other required governmental approvals (as applicable) for the repair, within 90 days after the date of the Casualty, and shall complete the repair within 270 days after the date of the Casualty or longer as approved by the Contracting Officer, approval not to be unreasonably withheld, conditioned or delayed. 9. GENERAL CONDITIONS, SECTION 5[c] SHALL BE AMENDED AS FOLLOWS: "the cost plus" is deleted. 10. GENERAL CONDITIONS, SECTION 5[d] SHALL BE AMENDED AS FOLLOWS: Add to the end of the last sentence: "or longer as approved by the Contracting Officer, approval not to be unreasonably withheld, conditioned or delayed." 11. GENERAL CONDITIONS, SECTION 6[b] SHALL BE AMENDED AS FOLLOWS: Landlord's Insurance. Landlord shall, at its own expense, obtain and keep in full force and effect, the following insurance from an insurance company with a Best's rating of at least A and Best's financial performance rating of at least 7. The insurance required to be carried by Landlord under this Section shall be referred to herein as "Landlord's Insurance." Upon request, Landlord shall provide the Postal Service with a copy of the certificate of insurance and premium bill evidencing Landlord's insurance policy(ies) has been endorsed. (1) Liability Insurance. Bodily Injury, personal injury, and property damage up to $1,000,000 per occurrence shall be covered by Landlord's self- insured program administered by the Office of Risk Management. Landlord shall purchase excess liability insurance coverage up to a $10,000,000 general aggregate limit. The Postal Service shall be named as an additional insured on the excess liability policy and shall insure against claims of bodily injury or death, personal injury or property damage arising out of or in connection with Landlord's acts or omission upon, in or about the Property. (ii) Property Insurance. Insurance covering loss or damage to the Premises and the Property by reason of fire (extended coverage), those perils included within the classification of "Special Form Causes of Loss" insurance (with other appropriate endorsements), flood, earthquake and tornadoes, which insurance shall be in the amount of at least 90% of the full replacement value of the Premises (exclusive of excavation, footings, and foundations) as determined by insurance company appraisers or Landlord's insurance broker. 12. GENERAL CONDITIONS, SECTION 7[b] SHALL BE AMENDED AS FOLLOWS: The Postal Service acknowledges the results of the final air testing clearance and asbestos fiber count performed by Baratta & Associates dated August 8, 1994 (the "1994 Test "). Other than as set forth in the 1994 Test, the Landlord makes no representation or certifications relative to the presence, location and quality of all ACBM or presumed asbestos containing material (PACM) (which includes all thermal system insulation, sprayed on and troweled on surfacing August 2017 Page 1 of 2 UN1 TED ST13TES A POSTAL SERAddendum VICE Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) County: Independent City 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 Lease: Q90000506205 materials, and asphalt and vinyl flooring material unless such material has been tested and identified as non -ACBM) as of August 8, 1994. The Landlord makes no other representations regarding the environmental conditions of the building as of August 8, 1994. The Landlord agrees to disclose during the term of the lease, to the best of its knowledge, any information concerning the presence of lead -based paint, ABCM OR PACM, radon above 4 pCi /L, and lead piping or solder in drinking water systems in the building, to the Postal Service. 13. GENERAL CONDITIONS, SECTION 7[d](ii) SHALL BE AMENDED AS FOLLOWS: If non - friable ACM is subsequently found in or on the Property or the Building which reasonably should have been determined, identified, or known to the Landlord, the Landlord agrees to conduct, at Landlord's sole expense, an asbestos survey of the premises pursuant to the standards of the Asbestos Hazard Emergency Response Act ( AHERA), provided they are applicable to the Landlord, establish an Operations and Maintenance (O &M) plan for asbestos management, and provide the survey report and plan to the Postal Service. 14. GENERAL CONDITIONS, SECTION 7[d] (iv) SHALL BE AMENDED AS FOLLOWS: If the Landlord fails to remove , or otherwise respond to in accordance with the Environmental Law, any friable asbestos materials or Environmental Contamination, or fails to complete, provided they are applicable to Landlord, an AHERA asbestos survey and O &M plan with such diligence as will ensure its completion within the time specified in Postal Service notice to Landlord (or any extension thereof as may be granted at the sole discretion of the Postal Service), or fails to complete the work within said time, as provided in the Maintenance Rider, the Postal Service shall have the right to perform the work (by contract or otherwise), and withhold the cost plus administrative costs and /or interest, from rent payments due or to become due under this Lease (or from other amounts owed to Landlord by the Postal Service or federal government.) 15. GENERAL CONDITIONS, SECTION 7[e] is hereby deleted 16. GENERAL CONDITIONS, SECTiON 12 SHALL BE AMENDED TO INCLUDE THE FOLLOWING: To the extent not in conflict with Federal law, and only to the extent required by Virginia law, the Virginia Laws in Exhibit D to this Lease will apply. 17. MAINTENANCE RIDER (LANDLORD RESPONSIBILITY) SECTION 1 PARAGRAPH h SHALL BE AMENDED TO INCLUDE THE FOLLOWING: An elevator was installed at the Postal Service's expense and has been and shall continue to be maintained by the Postal Service. 18. MAINTENANCE RIDER (LANDLORD RESPONSIBILITY) SECTION 2 SHALL BE AMENDED TO INCLUDE THE FOLLOWING: The Postal Service shall maintain the elevator and any improvements the Postal Service installs after the commencement date of this Lease. 19. MAINTENANCE RIDER (LANDLORD RESPONSIBILITY) SECTION 3 SHALL BE AMENDED AS FOLLOWS: Whenever the Landlord's obligation for maintenance, repair or replacement arises under this Lease, Landlord shall make all repairs promptly or longer as approved by the Contracting Officer, approval not to be unreasonably conditioned, withheld or delayed, but in any event within the time period provided in the Postal Service's notice to Landlord and submit photographs of the completed repair to the Postal Service at the address designated in such notice provided by the Postal Service. August 2017 Page 2 of 2 UNITED SMTES POSTM SERVICE Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 1. APPLICABLE CODES AND ORDINANCES General Conditions to USPS Lease County: Independent City Lease: Q90000506205 The Landlord shall comply with all codes and ordinances applicable to the ownership and operation of the Building and Property without regard to the Postal Service tenancy and obtain all necessary building permits, certificates of occupancy, and similar related items at no cost to the Postal Service. The Postal Service agrees (i) to comply with all applicable codes and ordinances to the operations of the Postal Service at the Premises, to the extent enforceable against the Postal Service, and (ii) when the Postal Service or one of its contractors (other than Landlord) is performing work at the Premises, the Postal Service will be responsible for obtaining applicable permits and related items and to pay the associated costs. Nothing herein shall be construed as a waiver of the Postal Service's sovereign immunity. 2. LANDLORD'S INTEREST a. Landlord represents and warrants to the Postal Service that as of the Effective Date, (i) Landlord owns and holds fee title in and to the Building, the Premises and the Property; (ii) there are no encumbrances, liens, agreements, covenants in effect that would materially interfere with the Postal Service's ability to operate its operations, materially impair the Postal Service's rights under this Lease, or materially increase the Postal Service's obligations under this Lease; and (iii) Landlord is unaware of any existing or impending condemnation plans, proposed special assessments or other adverse physical conditions relating to the Property. The term "Landlord" as used herein shall mean only the owner or owners, at the time in question, of the fee title (or a tenant's interest in a ground lease) of the Property. b. If this Lease provides for payments aggregating $10,000 or more to Landlord, claims for monies due or to become due from the Postal Service under it may be assigned by Landlord to a bank, trust company, or other financing institution, including any federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any assignment or reassignment must cover all amounts payable and must not be made to more than one party at a time, except that assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in financing this Lease. No assignment or reassignment by Landlord will be recognized as valid and binding upon the Postal Service unless a written notice of the assignment or reassignment, together with a true copy of the instrument of assignment and other reasonable documentation, including without limitation, a W -9, is filed with: 1. the Postal Service's Contracting Officer; and 2. the surety or sureties, if any, upon any bond. c. Assignment by Landlord of this Lease or any interest in this Lease other than in accordance with the provisions of this clause will be grounds for termination of this Lease by the Postal Service. d. Nothing contained herein shall be construed so as to prohibit transfer of ownership of the Premises by Landlord, provided that: 1. such transfer is subject to this Lease; 2. a copy of the recorded deed or other official transfer instrument evidencing the transfer is provided to the Postal Service; and August 2017 Page 1 of 14 UNITED STATES General Conditions to USPS Lease f' POSTAL .SERVICE Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) County: Independent City 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 Lease: Q90000506205 3. Landlord shall cause its assignee or transferee to assume the provisions of this Lease and Landlord shall deliver notice of such assignment or transfer and a copy of the effective instrument of transfer to the Postal Service within 15 days after the date of transfer. In addition, both the original Landlord and the successor landlord shall execute the standard Certificate of Transfer of Title to Leased Property and Lease Assignment and Assumption form to be provided by the Postal Service within 15 days after receipt of such form from the Postal Service. If due to the death or dissolution of the original Landlord preventing the execution and delivery of the Certificate of Transfer of Title to Leased Property and Lease Assignment and Assumption form, the Postal Service may reasonably request such other documentation to evidence the transfer and ownership by the successor landlord, including but not limited to, a W -9 and an agreement to indemnify and hold harmless the Postal Service with respect to any claims by other parties of ownership interest in the Premises or entitlement to the Rent. The Postal Service shall be entitled to continue to pay rent and give all notices to Landlord until it has received the foregoing from Landlord. Landlord shall deliver all such funds in which the Postal Service has an interest to Landlord's successor or assignee. Provided Landlord's successor or assignee expressly assumes Landlord's duties and covenants under this Lease as required hereunder, Landlord shall be released from all liability toward the Postal Service arising from this Lease because of any act, occurrence or omission of Landlord's successors occurring after the transfer of Landlord's interest in this Lease. Nothing herein shall be deemed to relieve Landlord of any liability for its acts, omissions or obligations occurring or accruing up to and including the date of such transfer, and the Postal Service shall be free to exercise any and all remedies for a Landlord default against either the Landlord or a successor landlord, at the election of the Postal Service. Notwithstanding anything to the contrary contained herein, in the case of new leased space projects, this Lease may only be assigned or ownership of the property transferred following commencement of the fixed term, unless prior written consent is obtained from the Postal Service. 3. ASSIGNMENT /SUBLEASE BY THE POSTAL SERVICE The Postal Service may sublet all or any part of the Premises or assign this Lease only with the prior written consent of Landlord, such consent not to be unreasonably withheld, conditioned, or delayed, but the Postal Service shall not be relieved from any obligation under this Lease by reason of any subletting or assignment. If Landlord fails to respond in writing to a written request to sublease or assign from the Postal Service within 10 business days after receipt by Landlord of the Postal Service's written request, Landlord shall be deemed to have consented to such sublease or assignment, as applicable. 4. ALTERATIONS AND RESTORATION a. The Postal Service shall have the right to make alterations, attach fixtures and erect additions, structures and install flags or signs in or upon the Premises or common areas (provided such alterations, additions, structures, or signs shall not be detrimental to or inconsistent with the rights granted to other tenants on the Property); which fixtures, additions, structures, flags or signs so placed in, upon or attached to the Premises or common areas shall be and remain the property of the Postal Service and may be removed or otherwise disposed of by the Postal Service at any time and from time to time, including, without limitation, at the end of the term or any renewal term, subject to the provisions of Section 4b below. The Postal Service shall also have the right to display and install the Postal Service and /or American flags in such common areas as reasonably determined by the Postal Service consistent with its operations. b. Upon expiration or termination of this Lease, the Postal Service shall remove its personal property and restore the Premises to a "broom clean" condition with any systems and structures for which the Postal Service is responsible (under the Maintenance Rider attached to this Lease) in working order. Except as provided to the August 2017 Page 2 of 14 UNITED STATES A POSTAL SERVICE Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 General Conditions to USPS Lease County: Independent City Lease: Q90000506205 contrary in the immediately preceding sentence, the Postal Service shall not be responsible to restore any condition due to reasonable and ordinary wear and tear, damages by the elements, or by circumstances over which the Postal Service has no control. The Postal Service at its sole option may, prior to the expiration or termination of the Lease, remove any or all of the alterations or improvements or elect to abandon the alterations or improvements in or on the Premises. If the Postal Service elects to abandon, the abandoned alterations and improvements shall become the property of the Landlord and the Postal Service shall be relieved of any liability in connection therewith; provided, however, if following expiration of the Lease the Postal Service enters into a new lease agreement with Landlord to remain in the Premises, the Postal Service shall have continued responsibility for maintenance of such alterations or improvements which were installed by the Postal Service during the term of this Lease (and not by Landlord) in accordance with the Maintenance Rider attached to this Lease. 5. DAMAGE AND DESTRUCTION a. Obligation to Repair. If all or any portion of the Premises, parking areas, or any common areas of the Property providing access to the Premises or access to the parking areas are damaged or destroyed by fire or other casualty, Acts of God, of a public enemy, riot or insurrection, vandalism, or other similar casualty (each, a "Casualty "), Landlord shall, subject to the provisions of this Section, promptly commence and diligently pursue to completion the repair of such damage so that the Premises and the parking areas, or any common areas of the Property providing access to the Premises or access to the parking areas are restored to a condition of similar quality, character and utility for the Postal Service's purposes and to the Postal Service's reasonable satisfaction. Landlord shall not be responsible for (i) repairing or restoring the Premises to the extent the Casualty in question results from the negligent act, omission or negligence of the Postal Service or its employees (in which event that portion of the costs of repairs for damage directly caused by the negligence of the Postal Service shall be the responsibility of the Postal Service), (ii) repairing or restoring any improvements, alterations, or additions installed by the Postal Service, or (iii) any furniture fixtures, equipment, or other personal property of the Postal Service. b. Time Period to Repair. (i) If the damage from the Casualty is such that the Postal Service reasonably determines the Premises is tenantable (i.e. suitable for the Postal Service's use and occupancy in the then ordinary course of its business being conducted on the date of the Casualty), the Postal Service shall so notify Landlord not later than 3 days following the Casualty. . Nothing stated herein is intended to relieve Landlord of its continuing obligations under this Lease, including, without limitation, Landlord's obligations to comply with law and for maintenance under this Lease. See Addendum #7 (ii) If the damage from the Casualty is such that the Postal Service reasonably determines the Premises is untenantable (i.e., not suitable for the Postal Service's use and occupancy in the then ordinary course of its business being conducted on the date of the Casualty), the Postal Service shall so notify Landlord not later than 3 days following the Casualty. FepaiF, WithiR 90 days aft8F the Elate ef the Gasualty, and shall eempiete the Fepa!F within 270 days afteF the date e the- Gasualty. Nothing stated herein is intended to relieve Landlord of its continuing obligations under this Lease, including, without limitation, Landlord's obligations to comply with law and for maintenance under this Lease so that the Premises, if tenantable following the Casualty, remain tenantable. See Addendum #8 August 2017 Page 3 of 14 UNITED STATES A POSTAL SERVICE, Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) 101 CHURCH AVE SW. ROANOKE VA 24011 -9997 General Conditions to USPS Lease County: Independent City Lease: Q90000506205 c. Postal Service's Remedies. If Landlord fails to meet any of the deadlines set forth in subsection b(i) or (ii), as applicable, then the Postal Service may (i) perform the repair (by contract or otherwise) and recover the- eest pkus a reasonable administrative cost and /or interest, by offsetting Rent and other payments and reimbursements due or to become due to Landlord under this Lease and /or any other lease with Landlord, or (ii) terminate the Lease upon 30 day's prior written notice with a termination date effective as of the date of such Casualty. See Addendum #9 d. Abatement of Rent. Rent and all other payments and reimbursements due or to become due to Landlord under this Lease shall abate, in whole or in part, commencing on the date the Postal Service reasonably determines all or any portion of the Premises, any common areas of the Property providing access to the Premises, or parking areas or access thereto are untenantable or unfit for the Postal Service's use or occupancy and continuing until the Premises, common areas providing access to the Premises or parking areas are once again tenantable or fit for the Postal Service's use or occupancy, as applicable. The Rent and all other payments and reimbursements due or to become due to Landlord under this Lease shall abate from time to time in proportion to the part or parts of the Premises not reasonably capable of such use and occupancy or the degree to which access to the Premises or parking for the Premises is reduced. The Postal Service shall attempt to continue the operation of its business on the Premises following a Casualty to the extent reasonably practicable consistent with life safety and good business practices. No exercise by the Postal Service of its right to rent abatement as stated above is intended to extend the time periods for producing the contracts for repair and for the completion of construction when the Premises are deemed to be tenantable or untenantable by the Postal Service as described hereinabove. By way of example, and not in limitation, in the event that a Casualty occurs and the damage from the Casualty is such that the Postal Service reasonably determines that a portion of the Premises is suitable for the Postal Service's use and occupancy in the then ordinary course of its business, then while rent will abate for the untenantable portion as described above, the Landlord shall remain obligated to submit to the Postal Service a copy of its construction contract for the repair or evidence of its filing of building permits, if applicable, for the repair, within 30 days after the date of the Casualty, and complete the repair to the reasonable satisfaction of the Postal Service within 90 days after the date of the Casualty. See Addendum #10 6. INSURANCE a. Postal Service's Insurance. Landlord acknowledges that the Postal Service does not routinely purchase commercial insurance or maintain a separate account for potential claims, as is required to technically be considered "self- insured." Rather, the Postal Service is authorized to pay proper claims against it out of its general revenue fund and available credit, and is subject to suit for damages. Liability claims against the Postal Service are governed by the Federal Tort Claims Act, 39 U.S.C. §409(c), with the specific provisions being set forth at 28 U.S.C. § §1346(b), 2401(b), and 2671 -2680. With respect to the issue of Workers' Compensation coverage, pursuant to 39 U.S.C. §1005(c), the Federal Employees' Compensation Act ( "FECA "), 5 U.S.C. § §8101 et seq., is the exclusive remedy for all postal employees who sustain personal injuries on the job. While the Landlord is hereby waiving its standard insurance requirements for the Postal Service, if at any time the Postal Service assigns or subleases any portion of the Premises in accordance with the terms of this Lease to a non - governmental entity, Landlord has the right to impose its reasonable insurance requirements on the assignee and /or subtenant which are based on the assignee's and /or subtenant's proposed use of the Premises including the requirement that the assignee and /o or subtenant reimburse Landlord for any increase in insurance premiums incurred by Landlord as a result of the assignee and /or subtenant's proposed use for the balance of the Term and any extensions, all as a condition of the assignment or sublease. See Addendum #11 b. Landlord's Insurance. August 2017 Page 4 of 14 ''� UNITED STATES General Conditions to USPS Lease A POSTAL SERVICE Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) County: Independent City 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 Lease: Q90000506205 i' (1) ,„+„l,+ inswE,, le Bodily ,., peFG8191al iHwy and pFepeky dafflage the Pesta' Se GGeUFFenee limit ef net less than $2,000,000 and a geneFal affegate limit ef net less than $2,000,C)OO. 6 a Y e F a g e ann. A- -..R. t. s ex�seediiqg $1,000,000, PFOYided that sueh urflbFella p8liey eF pelideS OthellWise GeMply , 0 PFGpeFty by Feasen of fleed, em4hqwake, eF t8fflade, whieh ORSUFanee shall be On the amount on line with 7. HAZARDOUS/TOXIC CONDITIONS CLAUSE a. Definitions. As used in this Lease, the following terms have the following meanings: "Environmental Laws" mean all federal, state or local statutes, laws, ordinances, rules or regulations, relating to protection of human health or the environment, including but not limited to (i) all laws relating to the release of Hazardous Materials into the air, surface water, groundwater or land, or relating to the reporting, investigation or remediation of, licensing, manufacture, processing, distribution, use, treatment, storage, disposal, transport or handling of Hazardous Materials; (ii) all laws pertaining to the protection of the health and safety of employees; and (iii) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. §9601 et seq.; the Hazardous Materials Transportation Act as amended 49 U.S.C. §1801 et seq.; the Resource Conservation and Recovery Act, as amended 42 U.S.C. §6901 et seq.; and the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251 et seq. "Hazardous Materials" mean (i) any toxic substance or hazardous waste, substance or related material, or any pollutant or contaminant that is or may hereafter be defined as or included in the definition of "hazardous substances," "toxic substances," "hazardous materials," "hazardous waste" or words of similar import under any and all Environmental Laws; (ii) petroleum, radon gas, asbestos in any form that is or could become friable, urea formaldehyde foam insulation, transformers or other equipment that contain dielectric fluid containing levels of polychlorinated biphenyls in excess of federal, state or local safety guidelines, whichever are more stringent; and (iii) any substance, gas material or chemical that is or may hereafter be defined as or included in the definition of "hazardous substances," "toxic substances," "hazardous materials," "hazardous waste" or words of similar import under any Environmental Laws. August 2017 Page 5 of 14 UNITED STt1TES AN POSTAL SERVICE Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) 101 CHURCH AVE SW. ROANOKE VA 24011 -9997 General Conditions to USPS Lease County: Independent City Lease: Q90000506205 "Environmental Contamination" means the presence of any Hazardous Materials which includes the presence of friable asbestos materials at any level, in, on, or under the Property, the Premises, common areas or the Building, at levels that require reporting to the enforcing environmental regulatory agency and /or environmental response action (s) under applicable Environmental Laws. "Asbestos- Containing Material" (ACM) means any material containing more than 1% asbestos as determined by using the method specified in 40 CFR Part 763, Subpart E, Appendix E. "Friable asbestos material" means any ACM that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. b. Landlord Disclosure. The LandleFd _hall d'_e!e_e OR WFitiR . to the oestal SeFvgee with ,.aFds to the PFE)peFty: (i) the known PFesenee of EnyirenmeRtal GeRtairninatien; (ii) the known PF8senee, leeatieR and quantity e tested and 6deRtified as Ren AGM; and (iii) any kRewn infeFmatien eeneeffliRg the pFeseRee of lead based pak*, See Addendum #12 c. Landlord Certification. By execution of this Lease, the Landlord certifies that, to the best of its knowledge and excluding any written disclosures per paragraph 7.13, the Property is (i) free of Environmental Contamination; (ii) there are no undisclosed underground storage tanks or associated piping on, in, or under the premises or property; (iii) there are no ACMs, radon, lead -based paint, or lead piping or solder in drinking water systems, or in or on the Property; and (iv) Landlord has not received, nor is Landlord aware of, any notification or other communication from any party concerning any environmental condition, or violation or potential violation of any Environmental Law, regarding the Property or its vicinity. If the Landlord becomes aware of any such conditions, potential conditions, or violations of any Environmental Law regarding the Property or its vicinity defined herein, subsequent to Lease commencement, Landlord must disclose the new information to the Postal Service as soon as possible, and under no circumstances later than 5 business days after first becoming aware. d. Environmental Condition of the Premises. (i) Unless due to the negligence of the Postal Service, if after the Lease Commencement Date or any renewal thereof, Environmental Contamination is at any time identified on the Property, upon notification by the Postal Service, Landlord agrees to remediate such Environmental Contamination to the extent required by Environmental Laws. Prior to performing any work, Landlord must seek and receive written approval by the Postal Service Contracting Officer of the Landlord's contractor and scope of work, and such approval will not be unreasonably withheld. The foregoing notwithstanding, the Postal Service shall pay a portion of the costs of remediation of Environmental Contamination caused directly by the negligence of the Postal Service. (ii) expense, revert and plan to the Pest al SeFyiee. If friable ACM is subsequently found in or on the Property or the Building which reasonably should have been determined, identified, or known to the Landlord, the Landlord agrees at Landlord's sole expense, to remove and /or abate the friable ACM. See Addendum #13 (iii) In performance of any work under this Clause, Landlord and Landlord's agents, contractors, and consultants ( "Landlord's Agents ") shall provide all information and data obtained, generated or learned as a result the work, August 2017 Page 6 of 14 UN/TEDST/-ATES General Conditions to USPS Lease A POST13L SERVICE Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) County: Independent City 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 Lease: Q90000506205 including all verified lab data and all consultant reports, studies and analysis to Postal Service as soon as they become available, but no later than the 7 business days after receipt. In addition, if requested by Postal Service, Landlord and Landlord's Agents shall promptly make available to Postal Service access to all raw data, whether or not verified. Landlord also shall provide Postal Service with copies of all correspondence, information and documents submitted by or received by Landlord or Landlord's Agents from any third party or any governmental authority relating to the work promptly upon its receipt and /or submission by Landlord or Landlord's Agents. Postal Service shall be permitted to have representatives present during all work, and Landlord and Landlord's Agents shall provide to Postal Service samples, copies of the results of on -site testing and visual inspections, and access at all reasonable times to all samples and tests taken or conducted. If non - friable ACM, whether disclosed by the Landlord prior to execution of this Lease or subsequently found in or on the Property after execution of this Lease, should become friable due to any cause other than the negligence of the Postal Service, the removal, abatement, containment, repair, remediation, replacement or environmental response to such friable ACM shall be performed by the Landlord at the Landlord's sole cost and expense. If ACM in or on the Property or the Building was rendered friable due to the negligence of the Postal Service (including any such negligence of the Postal Service under any prior lease or leases of the Premises), the Postal Service shall be liable for the removal, abatement, containment, repair, remediation, replacement or environmental response to such friable ACM at the Postal Service's sole cost and expense. The parties agree as follows: (1) neither of the following shall constitute the negligence of the Postal Service: (a) reasonable and ordinary wear and tear and (b) damages by the elements or by circumstances over which the Postal Service has no control; (2) to the extent a failure by the Postal Service to maintain the improvements containing ACM in accordance with the Postal Service's obligations under the Maintenance Rider in the current or a prior lease of the Premises causes asbestos in ACM in the Premises to become friable, such failure shall constitute the negligence of the Postal Service hereunder, and the Postal Service shall be liable for the removal, abatement, containment, repair, remediation, replacement or environmental response to such friable ACM at the Postal Service's sole cost and expense; and (3) to the extent a failure by the Landlord to maintain the improvements containing ACM in accordance with the Landlord's obligations under the Maintenance Rider in the current or a prior lease of the Premises causes asbestos in ACM in the Premises to become friable, such failure shall constitute the negligence of the Landlord hereunder, and the Landlord shall be liable for the removal, abatement, containment, repair, remediation, replacement or environmental response to such friable ACM at the Landlord's sole cost and expense. See Addendum #14 (iv) I plan with such diligenee as will eASUFe its Gempletien within the time speeified in Postal SeFyiee netiee te I=andl9Fd (8F aRy extension theFeef as Fnay be gFanted at the sole diGGFetien ef the Postal GeFyiee), eF fails to eemplete WE)Fl( WithiR sand time, as PFOY'ded in the Maintenanee RideF, the Pestal SeFviee shall haye the Fight t8 peFfeFFn the Completion of the work by Postal Service shall not relieve Landlord of its responsibility to perform the work in the future. In addition, the Postal Service may proportionally abate the rent for any period the premises, or any part thereof, are determined by the Postal Service to have been rendered untenantable or unavailable to it by reason of such condition. Alternatively, if Landlord fails to prosecute the work as required and the Postal Service Contracting Officer determines that the premises are untenantable or unfit for use or occupancy, with reasonable discretion, cancel this Lease in its entirety without liability. The remedies provided in this section are non - exclusive and are in addition to any remedies available to the Postal Service under applicable law. See Addendum #15 e. Landlord Indemnification of Postal Service. damages, a6tiGRS, GaUses of aetien, expenses, fees andiOF liability FeGWItiAg fFeFR, b%ught f9F, EIF eA aeeeunt ia�� August 2017 Page 7 of 14 ANUNI TED STATES POSTAL SERVICE Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 General Conditions to USPS Lease County: Independent City Lease: Q90000506205 exeept that I=and!eFd shall net be FeqUaFed te indemnify the Pestal SeFviee f9F, and te the extent ef, that peFtien 9 f. Rights to Contribution. Nothing stated herein is intended to limit the right of the Landlord or the Postal Service to make claims for contribution or cost recovery under applicable laws against each other or any other persons or entities responsible for such Environmental Contamination. 8. DEFAULTS a. Default by Postal Service. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by the Postal Service: (i) The failure by the Postal Service to make any payment of Rent or any other payment required to be made by the Postal Service under this Lease, as and when due, where such failure shall continue for a period of 30 days after Landlord notifies the Postal Service in writing of such failure; or (ii) The failure by the Postal Service to observe or perform any of the provisions of this Lease to be observed or performed by the Postal Service, other than the payment of sums due hereunder, where such failure shall continue for a period of 30 days after written notice thereof from Landlord to the Postal Service; provided, however, that if the nature of the Postal Service's default is such that more than 30 days are reasonably required for its cure, then the Postal Service shall not be deemed to be in default if the Postal Service commences such cure within such 30 day period and thereafter diligently pursues such cure to completion. b. Default by Landlord; Remedies. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Landlord: (i) Landlord's failure to observe or perform any of the provisions of this Lease required to be observed or performed by Landlord, where such failure is not cured to the full satisfaction of the Postal Service within 30 days after written notice by the Postal Service to Landlord of said failure; provided, however, that if the nature of Landlord's default does not have a materially adverse impact upon the Postal Service's operations in the Premises (as reasonably determined by the Postal Service) and is such that more than 30 days are reasonably required for its cure, then Landlord shall not be deemed to be in default if Landlord commences such cure within such 30 days, thereafter diligently pursues such cure to completion, and completes such cure not later than 60 days from the date of the Postal Service's initial written notice to Landlord; or (ii) if any representation or warranty made by Landlord was false in any material respect when given or deemed given hereunder. In the event of a default by Landlord, the Postal Service, at its option, without further notice or demand, shall have the right to any one or more of the following remedies in addition to all other rights and remedies provided at law or in equity or elsewhere herein: (a) to remedy such default or breach and deduct the costs thereof from the Rent next falling due; (b) to proportionately abate the Rent for any period the Premises, or any part thereof, are reasonably determined by the Postal Service to have been rendered untenantable, or unfit for use and occupancy, by reason of such default or breach; (c) to seek money damages for loss arising from Landlord's failure to discharge its obligations under the Lease; provided, however, that the Postal Service shall not seek or demand any consequential, punitive or special damages arising from Landlord's default; and (d) to terminate the Lease. Nothing herein contained shall relieve Landlord from its obligations hereunder, nor shall this Section be construed to obligate the Postal Service to perform Landlord's repair obligations under this Lease. The notice and cure provisions in this Paragraph (b) are for general defaults by Landlord not otherwise expressly addressed in other sections of this Lease, and therefore, to the extent of any conflict between the provisions of other sections of this Lease and this Paragraph (b), the provisions of other sections of this Lease shall govern. c. Force Majeure. In the event that either party shall be delayed or hindered in or prevented from the performance of any covenant, agreement, work, service, or other act required under this Lease to be performed by such party (a August 2017 Page 8 of 14 uN T ER Vr� IC E A2 POSTAL General Conditions to USPS Lease � SER Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) County: Independent City 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 Lease: Q90000506205 'Required Act "), and such delay or hindrance is due to causes entirely beyond its control such as riots, insurrections, martial law, civil commotion, war, acts or threats of terrorism, fire, flood, earthquake, delays by governmental authorities or other casualty or acts of God (a "Force Majeure Event "), then the performance of such Required Act shall be excused for the period of delay, and the time period for performance of the Required Act shall be extended by the same number of days in the period of delay. For purposes of this Lease, the financial inability of Landlord or the Postal Service to perform any Required Act, including (without limitation) failure to obtain adequate or other financing, shall not be deemed to constitute a Force Majeure Event. A Force Majeure Event shall not be deemed to commence sooner than 15 days before the date on which the party who asserts some right, defense or remedy arising from or based upon such Force Majeure Event gives written notice thereof to the other party hereto. If abnormal adverse weather conditions are the basis for a claim for an extension of time due to a Force Majeure Event, the written notice shall be accompanied by data substantiating (i) that the weather conditions were abnormal for the time and could not have been reasonably anticipated and (ii) that the weather conditions complained of had a significant adverse effect on the performance of a Required Act. To establish the extent of any delay to the performance of a Required Act due to abnormal adverse weather, a comparison will be made of the weather for the time of performance of the Required Act with the average of the preceding ten (10) years climatic range based on the National Weather Service statistics for the nearest weather reporting station to the Premises. No extension of time for or excuse for a delay in the performance of a Required Act will be granted for rain, snow, wind, cold temperatures, flood or other natural phenomena of normal intensity for the locality where the Premises are located. 9. CLAIMS AND DISPUTES a. This Lease shall be governed by federal law, including but not limited to, the Contract Disputes Act of 1978 (41 U.S.C. 7101 -7109) (the "Act "). b. Except as provided in the Act, all disputes arising under or relating to this Lease must be resolved under this clause. c. "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this Lease. However, a written demand or written assertion by the Landlord seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph d below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. d. A claim by the Landlord must be made in writing and submitted to the Postal Service Contracting Officer for a written decision. A claim by the Postal Service against the Landlord is subject to a written decision by the Postal Service Contracting Officer. For Landlord claims exceeding $100,000, the Landlord must submit with the claim the following certification: "I certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of my knowledge and belief, that the amount requested accurately reflects the contract adjustment for which the Landlord believes the Postal Service is liable, and that I am duly authorized to certify the claim on behalf of the Landlord." The certification may be executed by any person duly authorized to bind the Landlord with respect to the claim. August 2017 Page 9 of 14 UNITED STATES POSTAL. SERVICE Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) 101 CHURCH AVE SW. ROANOKE VA 24011 -9997 General Conditions to USPS Lease County: Independent City Lease: Q90000506205 e. For Landlord claims of $100,000 or less, the Postal Service Contracting Officer must, if requested in writing by the Landlord, render a decision within 60 days of the request. For Landlord - certified claims over $100,000, the Postal Service Contracting Officer must, within 60 days, decide the claim or notify the Landlord of the date by which the decision will be made. f. The Postal Service Contracting Officer's decision is final unless the Landlord appeals or files a suit as provided in the Act. g. When a claim is submitted by or against a Landlord, the parties by mutual consent may agree to use an alternative dispute resolution (ADR) process to assist in resolving the claim. A certification as described in subparagraph d of this clause must be provided for any claim, regardless of dollar amount, before ADR is used. h. The Postal Service will pay interest on the amount found due and unpaid from: 1. the date the Postal Service Contracting Officer receives the claim (properly certified if required); or 2. the date payment otherwise would be due, if that date is later, until the date of payment. i. Simple interest on claims will be paid at a rate determined in accordance with the Act. j. Landlord must proceed diligently with performance of this Lease, pending final resolution of any request for relief, claim, appeal, or action arising under this Lease, and comply with any decision of the Postal Service Contracting Officer. k. In the event of an alleged Postal Service default where the Postal Service has vacated the Premises, Landlord shall in all events have an affirmative obligation to obtain another tenant for the Premises at a fair market rental and to otherwise mitigate its damages. In no event shall the Postal Service or Landlord be liable for any consequential, punitive, or special damages under this Lease. The parties agree that this restriction shall not apply to liquidated damages, if any, provided for in any workletter or other rider or attachment to this Lease. 10. GENERAL a. Quiet Enjoyment. Without limiting any rights the Postal Service may have by statute or common law, Landlord covenants and agrees that, provided that the Postal Service is not in default under this Lease, and for so long as this Lease is in full force and effect, the Postal Service shall lawfully and quietly hold, occupy and enjoy the Premises during the term of this Lease from and after Landlord's delivery of the Premises to the Postal Service until the end of the term, without disturbance by Landlord or by any person having title paramount to Landlord's title or by any person claiming by, through or under Landlord. b. Exterior of Building. Landlord shall not place, or allow any other person or entity to place, any advertising, bas reliefs, murals or other decorations on the exterior walls of the area in which the Premises is located nor shall Landlord place, or allow any other person or entity to place any additional landscaping or plantings in such area in excess of that landscaping or planting in existence at the commencement of this Lease. Nothing stated herein is intended to prohibit Landlord from replacing the landscaping or plantings in existence at the commencement of this Lease as needed. c. Recording. Not Applicable August 2017 Page 10 of 14 UNITED STATES A POSTAL SERVICE . Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716-015) 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 General Conditions to USPS Lease County: Independent City Lease: Q90000506205 d. Subordination, Non - Disturbance and Attornment Agreement. If there is now or will be a mortgage on the property which is or will be recorded prior to the Effective Date, the Landlord must notify the Postal Service of the facts concerning such mortgage. This Lease will be subject and subordinate to the lien of all existing mortgages or deeds to secure debt encumbering the property, provided that Landlord has obtained from such holder of any existing mortgage a Subordination, Non - Disturbance and Attornment Agreement in the form attached hereto. e. Severability. The invalidity of any provision of this Lease, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. f. Interpretation. Section headings are not a part hereof and shall not be used to interpret the meaning of this Lease. This Lease shall be interpreted in accordance with the fair meaning of its words and both parties certify they either have been or have had the opportunity to be represented by their own counsel and that they are familiar with the provisions of this Lease, which provisions have been fully negotiated, and agree that the provisions hereof are not to be construed either for or against either party as the drafting party. g. Incorporation of Prior Agreements; Amendments. This Lease contains all agreements of the parties as of the date hereof with respect to any matter mentioned herein. No prior agreement, correspondence or understanding pertaining to any such matter shall be effective to interpret or modify the terms hereof. This Lease may be modified only in writing, signed by the parties in interest, at the time of the modification. Landlord specifically acknowledges that the Postal Service's employees at the Premises do not have authority to modify the Lease or to waive the Postal Service's rights hereunder. h. Waivers. No waiver by the Postal Service or Landlord of any provision hereof shall be deemed a waiver of any other provision hereof and no waiver of any breach hereunder by Postal Service or Landlord shall be deemed a waiver of any subsequent breach by the Postal Service or Landlord of the same or any other provision. A party's consent to or approval of any act shall not be deemed to render unnecessary obtaining such party's consent to or approval of any subsequent act. No waiver shall be effective unless it is in writing, executed on behalf of Landlord or the Postal Service by the person to whom notices are to be addressed. i. Holding Over. If the Postal Service remains in possession of the Premises or any part thereof after the expiration of the term, with or without the written consent of Landlord, such occupancy shall be on all the terms of this Lease with the exception that the Postal Service will continue to pay either the last rental rate in effect prior to the expiration or termination of the Lease or the fair market value (as determined by the Postal Service in its sole, but reasonable, discretion) of the leasehold, whichever is higher. If the parties agree to and execute a new lease or a lease extension, the rent paid during the holdover period will be adjusted to reflect the rate negotiated by the parties for the new lease or lease extension, and the difference, if any, will be paid to Landlord along with the new rent for the new lease or lease extension, or credited to the Postal Service, if applicable. The Postal Service may terminate the Lease during the holdover period upon 60 days' prior written notice to Landlord without any liability hereunder to Landlord. Failure by the Postal Service to deliver keys to the Premises to Landlord or to remove its personal property therefrom at the end of the Lease term shall not be construed as an act of holdover by the Postal Service. j. Successors and Assigns. Subject to the provisions of this Lease, this Lease shall be binding upon and benefit the parties, their personal representatives, successors and assigns. k. Landlord's Access. Landlord and Landlord's agents shall have the right to enter the Premises upon reasonable prior written notice for the purpose of performing maintenance or repairs that are the responsibility of Landlord under this Lease. The Landlord's right of entry hereunder shall be exercisable only during normal business hours and only on the terms set forth below. All other access to the Premises, including but not limited to showing the August 2017 Page 11 of 14 AUNITED STATES POSTAL SERVICE Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 General Conditions to USPS Lease County: Independent City Lease: Q90000506205 property to potential buyers, and within 30 days of the end of the Lease term, showing the property to potential tenants, shall be at the sole discretion of the Postal Service. In the event of emergency requiring access after - hours, Landlord must call the Postal Inspection Service at 1- 877 - 876 -2455 Option 2 "Emergency" prior to entry. When entering or performing any repair or other work in the Premises, Landlord, its agents, employees and /or contractors (i) shall identify themselves to the Postal Service's personnel immediately upon entering the Premises, and must be accompanied by a Postal Service employee when not in public areas; and (ii) shall use commercially reasonable, good faith efforts not to materially or unreasonably affect, interrupt or interfere with the Postal Service's use, business or operations on the Premises or obstruct the visibility of or access to the Premises. In the event of substantial, material or unreasonable interference, the Rent and other payments and reimbursements due or to become due under this Lease all shall be equitably abated if the interference continues for more than 24 hours. In the event such interference shall continue for longer than 6 months, the Postal Service shall have the option to terminate this Lease or continue to operate with rent abatement until the interruption ceases. Notwithstanding the foregoing, in the event that, as a result of any substantial, material or unreasonable interference, the Postal Service is legally required to move any of its business operations, then Landlord shall reimburse the Postal Service for the actual reasonable costs incurred in connection with such move. I. Calendar Days. All references herein to "days" shall mean calendar days unless specified to the contrary. m. Counterparts. This Lease may be executed in counterparts, which together shall constitute a single instrument. The parties agree that if the signature(s) of either Landlord or the Postal Service on this Lease or any amendments, addendums, assignments, or other records associated with this Lease is not an original but is a digitally encrypted signature, then such digitally encrypted signature shall be as enforceable, valid and binding as, and the legal equivalent to, an authentic original wet signature penned manually by its signatory. n. Notices. Whenever a provision is made under this Lease for any demand, notice or declaration of any kind, or where it is deemed desirable or necessary by either party to give or serve any such notice, demand or declaration to the other party, it shall be in writing and sent by (i) United States mail, certified, postage prepaid or (iii) by Priority Mail Express (overnight), in each instance to the addresses set forth below or at such address as either party may advise the other from time to time. Notices to the Postal Service shall also include the identification of the facility name and location in such notices. Notices given hereunder shall be deemed to have been given three (3) days after the date of certified mailing or the next business day after being sent by Priority Mail Express (regardless whether the addressee rejects, refuses to sign, or fails to pick up such delivery). To Landlord at: CITY OF ROANOKE PARK ROANOKE, PO BOX 83, ROANOKE, VA 24002 -0083 With a copy to: To the Postal Service at: Contracting Officer PO BOX 27497, GREENSBORO, NC 27498 -1103 With a copy to: Postmaster /Installation Head 101 CHURCH AVE SW, ROANOKE, VA 24011 -9997 August 2017 Page 12 of 14 UNITED STATES A lPOSTAL SERVICE Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 General Conditions to USPS Lease County: Independent City Lease: Q90000506205 Anything in the foregoing to the contrary notwithstanding, in the case of multiple persons or entities comprising Landlord under this Lease or in the case of a person or entity acting as an agent of Landlord, notices to any one of such multiple persons or entities or notice to an agent of Landlord shall be deemed to be sufficient notice to Landlord o. Prompt Payment Act. The provisions of the Prompt Payment Act, 31 U.S.C. § 3901 shall apply to all Postal Service payment obligations under this Lease, including any interest or penalties for late payments. p. Payment Offsets. As required by 31 U.S.C. 3716, the Postal Service participates in the Treasury Offset Program of the Department of Treasury's Financial Management Service. Payments owed to Landlord from the Postal Service under this Lease are subject to offset in whole or in part to for the Landlord's delinquent tax and non -tax debts owed to the United States and the states and for delinquent child support payments. q. Real Estate Conflict of Interest Certification. As condition to the effectiveness of this Lease, Landlord shall complete and return the "Real Estate Conflict of Interest" form attached to this Lease at the time of Landlord's execution and delivery of this Lease. If Landlord's certification in such form is false, or Landlord breaches the certification and fails to notify the Postal Service Contracting Officer as provided therein, then the Postal Service may (i) withhold rent and all other payments and reimbursements until Landlord remedies the misrepresentation or the Postal Service waives such conflict of interest, (ii) terminate the Lease on a date set forth in the notice to Landlord without penalty, or (iii) exercise any other remedy it may have for damages or injunctive relief. The Postal Service may exercise any or all of the foregoing remedies. 11. FACILITIES NONDISCRIMINATION a. By executing this Lease, the Landlord certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform services at any location under its control where segregated facilities are maintained. b. The Landlord will insert this clause in all contracts or purchase orders under this Lease unless exempted by Secretary of Labor rules, regulations, or orders issued under Executive Order 11246. 12. CLAUSES REQUIRED TO IMPLEMENT POLICIES, STATUTES, OR EXECUTIVE ORDERS The following clauses are incorporated in this Lease by reference. The text of incorporated terms may be found in the Postal Service's Supplying Principles and Practices, accessible at http: / /about.usps.com /manuals /spp /htmI /spp10.htm or by searching www.us sp com. Clause 1 -5, Gratuities or Gifts (March 2006) Clause 1 -6, Contingent Fees (March 2006) Clause 9 -3, Davis -Bacon Act (March 2006) Clause 9 -7, Equal Opportunity (March 2006)2 Clause 9 -13, Affirmative Action for Handicapped Workers (March 2006 )3 Clause 9 -14, Affirmative Action for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (February 2010)4 Clause B -25, Advertising of Contract Awards (February 2013) Note: For purposes of applying the above standard clauses to this Lease, the terms "supplier," "contractor," and "lessor" are synonymous with "Landlord," and the term "contract" is synonymous with "Lease." See Addendum #16 August 2017 Page 13 of 14 UNI TED STATES I" POSTAL SERVICE Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 ' For premises with net interior space in excess of 6,500 SF. 2 For leases aggregating payments of $10,000 or more. 3 For leases aggregating payments of $10,000 or more. 4 For leases aggregating payments of $25,000 or more. General Conditions to USPS Lease County: Independent City Lease: Q90000506205 August 2017 Page 14 of 14 A �UNITED STATES POSTAL SERVICE Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 Maintenance Rider Landlord Responsibility County: Independent City Lease: Q90000506205 Landlord shall, except as otherwise specified herein and except for damage resulting from, and to the extent of, the negligence of the Postal Service agents or employees (which portion of the damage arising directly from Postal Service agent or employee negligence shall be the responsibility of the Postal Service), maintain the Premises, including the building and any and all equipment, fixtures, systems, common facilities and appurtenances (including but not limited to parking lots, driveways, sidewalks and fencing), whether severable or non - severable, furnished by Landlord under this Lease, in good repair and tenantable condition consistent with standards of comparable buildings and /or projects located in the vicinity of the Property. Landlord's duties under this Rider shall include repair and replacement, as necessary, and includes without limitation: a. Landlord is responsible for inspection, prevention and eradication of vermin, birds, insects, including, without limitation, termites and any other wood - eating insects and for repairs of any damage resulting therefrom. b. Landlord is responsible to repair damages resulting from Acts of God; acts of public enemy, riot or insurrection; and vandalism and damages resulting from fire or other casualty (except to the extent such damages were caused due to the negligence of the Postal Service agents or employees in which case the Postal Service shall be responsible for the portion of repairs caused directly by its negligence). Any heating system and air conditioning equipment furnished by Landlord must be properly sized for the facility, must be in good working order at the commencement of the term, and must be maintained and, if necessary, replaced by Landlord to ensure that it remains in good working order and in proper operation; such system and equipment must be capable of cooling the Premises to 68 degrees Fahrenheit (68 °F) and heating the Premises to 78 degrees Fahrenheit (78 °F) in all enclosed portions of the Premises (excluding any rear vestibule) at all times. In addition, such system and equipment must provide heat to a minimum of 68 degrees Fahrenheit (68 °F) and cooling to a maximum of 78 degrees Fahrenheit (78 °F) in all enclosed portions of the Premises (excluding any rear vestibule) at all times during the appropriate seasons. Landlord shall be responsible for maintaining and servicing of the heating system and air - conditioning equipment, including, refrigerant and filters per manufacturer's recommendation as required for proper operation of the equipment and for replacing the same at the end of its useful life or earlier. Regardless of whether Landlord is required by the Lease to provide fuel for a heating system as set forth in the USE Rider, any investigative and remediation cost associated with a release of fuel from the heating system, including any fuel tank, shall be the responsibility of the Landlord, unless, and to the extent that, the release is caused due to the negligence of the Postal Service agents or employees, in which event the Postal Service shall be responsible for a portion of the investigative and remediation costs associated with the release to the extent such release was due directly to the Postal Service's agents' or employees' negligence. d. Boilers (heating and hot water supply) and unfired pressure vessels provided by Landlord as part of the Premises shall be maintained and, if necessary, replaced by the Landlord in accordance with ASME Boiler and Pressure Vessel Code, Sections IV, VI, and VIII; National Fire Prevention Association (NFPA) -70, National Electric Code; and /or ASME Safety Code No. CSD -1, Controls and Safety Devises for Automatically Fired Boilers; ASME A18.1, Safety Standard for Platform Lifts and Chairlifts; NFPA -54, National Fuel Gas Code; and NFPA -31, Oil Burning Equipment Code, as applicable, or as required by local ordinances. Current safety certificates issued by an organization recognized by the National Board of Boiler and Pressure Vessel Inspectors or a federal, state or municipal authority which has adopted the American National Standard Institute /American Society of Mechanical Engineers (ASME) Boiler and Vessel Code, must be provided by August 2017 Page l of 4 UNITED STATES POSTAL SERVICE Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) 101 CHURCH AVE SW. ROANOKE VA 24011 -9997 Maintenance Rider Landlord Responsibility County: Independent City Lease: Q90000506205 Landlord for boilers and unfired pressure vessels. In the event local jurisdictions do not require periodic inspection of such equipment, the Postal Service shall have the right to conduct inspections in accordance with the aforesaid codes, and may issue safety certificates, as appropriate. e. Any electrical /power system furnished by Landlord must be properly sized for the facility, must be in good working order at the commencement of the term, and must be maintained and, if necessary, replaced by Landlord to ensure that it remains in good working order and in proper operation. f. Whether public or private water or sewer systems are provided, said systems (including potable water) must be properly sized for the facility and be maintained in good working order at all times during the term and replaced by Landlord as necessary to ensure that the same remain in good working order as aforesaid, including any inspections that may be required. Landlord shall paint all interior and exterior previously painted surfaces as follows: no later than six (6) months following the start of the Lease term, unless painted within 60 months prior to the Commencement Date, and at least once every five (5) years during the continuance of the Lease term unless required more often because of damage from fire or other casualty. Landlord is required to apply only one coat of paint. If additional coats are required by the Postal Service, the Postal Service will be responsible for cost of additional coats of paint, including application costs. Landlord shall coordinate the painting schedule in advance with the Postal Service's on -site facility manager. The Postal Service will be responsible for moving furniture and equipment away from walls as required, provided that Landlord gives the Postal Service at least 60 days prior notice of the need to do so, and provided that Landlord shall not conduct any type of painting (interior or exterior) during the period beginning October 1 and ending January 30 during the Lease term. h. Any elevators, escalators and /or dumbwaiters provided by the Landlord as part of the Premises shall be maintained in good working order throughout the term, and, if necessary to ensure that the same remain in good working order and in proper operation, replaced by the Landlord in accordance with ASME All 7.1, Safety Code for Elevators, Escalators, Dumbwaiters, and Moving Walks; ASME A17.2, Elevator Inspectors Manual; ASME A17.3 Safety Code for Existing Elevators and Escalators; ASME A17.4, Emergency Evacuation Procedures for Elevators; and ASME A17.5, Elevator and Escalator Electrical Equipment. Landlord must ensure that current safety certificates for elevators, dumbwaiters and escalators are issued by an organization authorized to inspect in accordance with the ANSI /ASME Code for Elevators, Dumbwaiters and Escalators or appropriate federal, state or municipal authority. In the event local jurisdictions do not require periodic inspection of such equipment, the Postal Service shall have the right to conduct inspections in accordance with the aforesaid codes. See Addendum #17 Any wiring, including, but not limited to, wiring for the Electronic Security and Surveillance Equipment (ESS), Closed Circuit Television (CCTV), Very Small Aperture Terminal (VSAT), Criminal Investigation System (CIS), Intrusion Detection System (IDS), etc., installed by Landlord shall be maintained, and if necessary, replaced by Landlord. However, the Landlord shall not attempt any maintenance of, or repair of, or interfere with, the actual security, telephone, or telecommunications equipment, such as cameras, consoles, monitors, satellite dishes, telephone handsets, and Point -of- Service (POS) equipment. j. Landlord is responsible for all utilities including all systems and structures and the components thereof which deliver such utility services to the Premises, including but not limited to base building plumbing, pipes, conduit, wiring, and related components located within the facility including, without limitation, behind walls, August 2017 Page 2 of © RCN P S AL EV E Maintenance Rider Landlord Responsibility Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) County: Independent City 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 Lease: Q90000506205 under floors and inside ceilings. This excludes additional systems and /or structures that were specifically installed by the Postal Service or its contractors for the Postal Service's particular furniture, fixtures, and equipment (FF &E) needs. 2. Notwithstanding anything herein to the contrary, the Postal Service shall, except for damage resulting from, and to the extent of, the negligence of Landlord, maintain the following items at the Premises if originally installed by the Postal Service: flag poles, dock lifts, roll -up customer service windows, roll -up doors, scissor lifts, electronic security systems, and lobby and back -door locks. The Postal Service's duties include repair and replacement, as necessary, and shall be fulfilled at such time and in such manner as the Postal Service reasonably considers necessary to keep such items in proper condition during the Lease term. The Landlord shall be responsible for the portion of maintenance, repair and replacement costs for damage to such items resulting directly from its negligence. See Addendum #18 See Addendum #19 3. shall make all FepaiFS PFGFAptly bUt In any event within the time peFied PFeYided the Pertal ReMee's netiG If Landlord fails to make such repairs within the time period set forth in the Postal Service's notice to Landlord (except when the repairs require more time than as provided in the Postal Service's notice to Landlord and Landlord proposes another time period for completion acceptable to the Postal Service), the Postal Service may (i) perform the maintenance, repair, or replacement (by contract or otherwise) and recover the cost plus any administrative cost and /or interest, from the Landlord and from Rent and other payments and reimbursements due or to become due to Landlord, or (ii) terminate the Lease on a date specified by the Postal Service in the notice to Landlord. Notwithstanding the foregoing, in the event of an emergency (as reasonably determined by the Postal Service), the Postal Service may give Landlord such shorter notice as is practicable under the circumstances, including by telephone, and if Landlord fails to make such repairs immediately, the Postal Service may immediately perform the maintenance, repair, or replacement (by contract or otherwise) and recover the cost plus any administrative cost and /or interest, from Landlord and from Rent and other payments and reimbursements due or to become due to Landlord. The Postal Service may abate Rent and all other payments due or to become due under this Lease for any period the Postal Service reasonably determines all or any portion of the Premises, any common areas of the Property providing access to the Premises, or parking areas are untenantable or unfit for the Postal Service's use. The remedies provided in this section are non - exclusive and are in addition to any remedies available to the Postal Service under applicable law. 4. In performing the maintenance, repair and /or replacement obligations under this Lease, Landlord must: a. comply with applicable Occupational Safety and Health Standards, title 29 Code of Federal Regulations (CFR) (including but not limited to Parts 1910 and 1926), promulgated pursuant to the authority of the Occupational Safety and Health Act of 1970 (OSHA); b. comply with any other applicable federal, state, or local regulation governing workplace safety to the extent they are not in conflict with section (a) above; and August 2017 Page 3 of 4 UNITED STATES POSTAL SERVICE Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 Maintenance Rider Landlord Responsibility County: Independent City Lease: Q90000506205 c. take all other proper precautions to protect the health and safety of: (1) any laborer or mechanic employed by the Landlord in performance of this Lease; (2) Postal Service employees; and (3) the public. Landlord must include this clause in all contracts hereunder and require its inclusion in all subcontracts of a lower tier. The term "Landlord" as used in this clause in any contract must be deemed to refer to the contractor. August 2017 Page 4 of 4 UNITED STATES POSTAL SERVICE Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 1. HEAT Utilities, Service, & Equipment Rider County: Independent City Lease: Q90000506205 Landlord must furnish and maintain a heating system in accordance with the Maintenance Rider. The Postal Service pays all recurring fuel charges, provided such charges are separately metered, at Landlord's expense, for the Postal Service's consumption. 2. AIR CONDITIONING Landlord must furnish and maintain air conditioning equipment in accordance with the Maintenance Rider. The Postal Service pays for recurring charges for power for the air conditioning equipment, provided the power is separately metered, at Landlord's expense, for the Postal Service's consumption. 3. ELECTRICITY Landlord must furnish and maintain an electrical system in accordance with the Maintenance Rider. The Postal Service will pay all recurring electric bills, provided such charges are separately metered, at Landlord's expense, for the Postal Service's consumption. 4. LIGHT Landlord must provide light fixtures in good working order and maintain, repair and replace the same to ensure that the light fixtures remain in good working order throughout the Lease term. Landlord is not responsible for replacement of light bulbs. 5. WATER Landlord must furnish and maintain at all times throughout the Lease term a potable water system in good working order, in accordance with the Maintenance Rider. The Postal Service pays for all recurring water charges, provided such charges are separately metered, at Landlord's expense, for the Postal Service's consumption. 6. SEWER Landlord must furnish and maintain at all times throughout the Lease term a sewer system in good working order, in accordance with the Maintenance Rider. The Postal Service pays for all recurring sewer charges, provided such charges are separately metered, at Landlord's expense, for the Postal Service's use. 7. TRASH The Postal Service agrees to furnish trash receptacles and pay for all trash removal for the Premises. 8. SNOW The Postal Service agrees to furnish and pay for the timely removal of snow and ice from the sidewalks, driveway, parking and maneuvering areas, and any other areas providing access to the Premises used by the Postal Service's employees, contractors, or the public (including, but not limited to, stairs, handicap access ramps, carrier ramps, etc.). The Postal Service is not responsible for the removal of snow and ice from the roof; Landlord is responsible for timely removal of snow and ice from the roof. August 2017 Page] of 2 UNITED STATES POSTAL SERVICE Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 9. CUSTODIAL SERVICES Utilities, Service, & Equipment Rider County: Independent City Lease: Q90000506205 The Postal Service is responsible for cleaning the interior, sidewalks and parking lots, and for cutting grass and trimming shrubs, at such time and in such manner as the Postal Service considers necessary to keep the Premises in proper condition. August 2017 Page 2 of 2 '''�!w UNITEDST/STES Subordination, Non - Disturbance and Attornment POSTAL SERVICE, Agreement Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) County: Independent City 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 Lease: Q90000506205 THIS SUBORDINATION, NON - DISTURBANCE AND ATTORNMENT AGREEMENT (this "Agreement "), dated this day of , 20 between the UNITED STATES POSTAL SERVICE, an independent establishment of the Executive Branch of the government of the United States ( "the Postal Service ") and business at RECITALS: Mortgagee "), having its principal place of A. The Postal Service is the tenant under that certain lease executed between the Postal Service and ( "Landlord ") dated dated as of [as amended by ([the lease and all amendments thereto are] hereinafter referred to as the "Lease "), covering all or a portion of property legally described in Schedule A attached hereto and made a part hereof (the "Property "). B. Mortgagee has made a loan (the "Loan ") to Landlord which is secured, in part, by the lien of a mortgage and an assignment of leases and rents, each executed and delivered by Landlord to Mortgagee encumbering the Property (collectively, the "Mortgage "). NOW, THEREFORE, in consideration of the covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Subordination. The Lease and all terms thereof, including, without limitation, any options to purchase, rights of first refusal, and any similar rights, are and shall be subject and subordinate to the lien of the Mortgage, and to all amendments, modification, replacements and extensions thereof, to the full extent of the principal, interest, fees, expenses and all other amounts secured thereby. 2. Non - Disturbance. In the event of a foreclosure of the Mortgage, provided that at the time of the commencement of any such action or proceeding the Postal Service shall not be in default under any of the terms of the Lease beyond the expiration of any applicable notice or grace periods, Mortgagee agrees for itself and its successor and assigns that it will not join the Postal Service in summary or foreclosure proceedings unless applicable law requires Mortgagee to join all commercial occupants of the Property in such proceedings and then such joinder shall be for notice purposes only and that the leasehold interest of the Postal Service under the Lease shall not be extinguished or terminated by reason of such foreclosure, but rather the Lease shall continue in full force and effect and Mortgagee shall recognize and accept the Postal Service as tenant under the Lease subject to the terms and provision of the Lease. Nothing herein shall be construed as a waiver of the Postal Service's sovereign immunity or as a consent or agreement by the Postal Service to subject itself to the jurisdiction of any state or local governmental entity or court of law. 3. Attornment. Upon the conveyance of the Property by reason of the foreclosure of the Mortgage or the acceptance of a deed or assignment in lieu of foreclosure or otherwise, the Lease shall not be terminated or affected thereby as provided in this Agreement, and the Postal Service agrees to attorn to the transferee of the August 2017 Page 1 of 5 ANPOSTAL Subordination, Non - Disturbance and Attornment A POSTAL .SERVICE . Agreement Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) County: Independent City 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 Lease: Q90000506205 Property (the "Transferee ") as the landlord under the Lease and the Transferee shall accept such attornment; provided, however, if requested by Transferee, the Postal Service shall execute a new lease with the Transferee, for a term equal to the remaining term of the Lease and otherwise containing the same provisions and covenants and in form acceptable to the Postal Service. 4. Notice to Mortgagee. Prior to terminating the Lease due to a default by Landlord thereunder, the Postal Service agrees to notify Mortgagee of such default in writing and give Mortgagee the opportunity to cure such default within thirty (30) days of Mortgagee's receipt of such notice, or if such default cannot reasonably be cured within such thirty (30) day period, Mortgagee shall have such longer time as may be necessary to cure the default provided that Mortgagee commences the cure within such period and diligently pursues the cure thereafter, but not to exceed sixty (60) days after Mortgagee's receipt of the notice. 5. Notices. All notices or other written communications hereunder shall be deemed to have been properly given if delivered in accordance with the delivery methods under the Lease, addressed to the Postal Service at the addressed identified in the Lease and addressed to Mortgagee at the address identified above. 6. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the respective heirs, personal representatives, successors and assigns of the parties hereto. No Oral Modifications. This Agreement can be modified only in writing duly executed by both parties. 8. Choice of Law. This Agreement shall be governed and interpreted in accordance with Federal Law, however if there is no applicable Federal law then the law of the state where the Premises are located shall be applied. Venue shall lie only in the Federal courts. 9. implicated Originals; Counterparts. This Agreement may be executed in any number of duplicate originals and each duplicate original shall be deemed to be an original. This Agreement may be executed in several counterparts, each of which counterparts shall be deemed an original instrument and all of which together shall constitute a single Agreement. The failure of any party hereto to execute this Agreement, or any counterpart hereof, shall not relieve the other signatories from their obligations hereunder. [Signature Page Follows] August 2017 Page 2 of 5 ANPOSTAL Subordination, Non - Disturbance and Attornment A POSTAL SERVICE. Agreement Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) County: Independent City 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 Lease: Q90000506205 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and the year first above written. MORTGAGEE: BY: NAME: TITLE: Subscribed and Sworn to before me, a notary public, in and for of Notary Public My commission expires POSTAL SERVICE: UNITED STATES POSTAL SERVICE BY NAME: TITLE: day of August 2017 Page 3 of 5 County, State UA11TEDSTATES Subordination, Non - Disturbance and Attornment POSTAL SERVICE- Agreement Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) County: Independent City 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 Lease: Q90000506205 Subscribed and Sworn to before me, a notary public, in and for County, State of this day of Notary Public My commission expires August 2017 Page 4 of 5 UNITED STATES Subordination, Non - Disturbance and Attornment POSTAL. SERVICE Agreement Facility Name /Location ROANOKE - DOWNTOWN ROANOKE ST (517716 -015) County: Independent City 101 CHURCH AVE SW, ROANOKE VA 24011 -9997 Lease: 090000506205 SCHEDULE A (to SNDA) LEGAL DESCRIPTION That portion of the first floor space, including part of a mezzanine, known as the Roanoke - Downtown VA 24011 Branch Post Office and described in Section 1 of Page 1 hereof and more particularly described as being located in the southwest corner of the building at the intersection of Church Ave. SW and 1 st St. SW. A floor plan showing the location and dimensions of the interior space intended for the exclusive use of the USPS is attached hereto as Exhibit A. August 2017 Page 5 of 5 The Roanoke Times Roanoke, Virginia Affidavit of Publication SHERMAN M STOVALL, ASSISTANT CITY MGR C /O: R. Brian Townsend, Assistant City Manager for Community Development 456 NOEL C. TAYLOR MUNICIPAL BLDG 215 CHURCH AVENUE SW ROANOKE, VA 24011 Account Number 6017304 Date August 13, 2018 Date Category Description Ad Size Total Cost 08/19/2018 Legal Notices NOTICE OF PUBLIC HEARING ON THE PROPOSED LEASE 1 x 76 L 416.56 NOTICE OF PUBLIC HEARING ON THE PROPOSED LEASE BETWEEN THE CITY OF ROANOKE AND THE UNITED STATES POSTAL SERVICE The Council of the City of Roanoke will hold a public hearing on Monday, August 20, 2018 at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, Room 450, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider a proposed lease of approximately 5,709 square feet of space, including the mezzanine area, in the first floor of the Church Avenue Parking Garage located at 101 Church Avenue, S.W.. Roanoke. Virginia, to the United States Postal Service (USPS) for the operation of a downtown post office branch pursuant to the requirements of Sections 15.2 -1800 and 15.2 -1813. Code of Virginia (1950). as amended. The proposed lease is for a five year term at a rate of $11.45 /square foot, resulting in an annual rent of $65,368.00, payable to the City in equal monthly installments of $5,447.33_ The USPS will be responsible for payment of utilities and janitorial services at the leased premises. The City will be responsible for capital and routine maintenance of the leased premises. The City will also be responsible for broker's commission due to the broker /agent for USPS in the amount of $9,763.03. Revenue from the proposed lease will be assigned to the Parking Fund. A copy of the proposed lease with the United States Postal Service and the proposed ordinance are available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S_W.. Roanoke, Virginia. Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice NOTICE OF PUBLIC HEARING was published in said newspapers on the following dates: 08/13/2018 The First insertion being given ... 08/13/2018 Newspaper reference: 0000802572 -4 W Billing Repr sentative Sworn to and subscribed before me this Monday, August 13, 2018 All parties and interested persons -� s may appear on the above date and be v heard on this matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541, before noon on the Thursday before the date of the Notary P bli hearing listed above. �� • ,w GIVEN under my hand this 13th day State of Virginia of August. 2018. Stephanie M. Moon Reynolds, MMC City/County of Roanoke City Clerk My Commission expires (802572) �,7 0JL` IH1515 NUI A WILL. F'LtASt FAY F'KUM INVUIIa. I11ANr% TUU I '':,i. alit' 1, NOTICE OF PUBLIC HEARING ON THE PROPOSED LEASE BETWEEN THE CITY OF ROANOKE AND THE UNITED STATES POSTAL SERVICE The Council of the City of Roanoke will hold a public hearing on Monday, August 20, 2018 at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, Room 450, in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, to consider a proposed lease of approximately 5,709 square feet of space, including the mezzanine area, in the first floor of the Church Avenue Parking Garage located at 101 Church Avenue, S.W., Roanoke, Virginia, to the United States Postal Service (USPS) for the operation of a downtown post office branch pursuant to the requirements of Sections 15.2 -1800 and 15.2- 1813, Code of Virginia (1950), as amended. The proposed lease is for a five year term at a rate of $11.45 /square foot, resulting in an annual rent of $65,368.00, payable to the City in equal monthly installments of $5,447.33. The USPS will be responsible for payment of utilities and janitorial services at the leased premises. The City will be responsible for capital and routine maintenance of the leased premises. The City will also be responsible for broker's commission due to the broker /agent for USPS in the amount of $9,763.03. Revenue from the proposed lease will be assigned to the Parking Fund. A copy of the proposed lease with the United States Postal Service and the proposed ordinance are available for review in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. All parties and interested persons may appear on the above date and be heard on this matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541, before noon on the Thursday before the date of the hearing listed above. GIVEN under my hand this 13th day of August, 2018. Stephanie M. Moon Reynolds, MMC City Clerk 1 Note to Publisher: Please publish once in The Roanoke Times, Legal Notices, on Monday, August 13, 2018. Please send bill to: R. Brian Townsend Assistant City Manager for Community Development 364 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853 -2333 Please send affidavit of publication to: Stephanie M. Moon Reynolds City Clerk's Office 456 Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, VA 24011 (540) 853 -2541 4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2018. No. 41230- 082018. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the sale and conveyance of the following parcel of City owned property, described as being approximately 0.203 acres, more or less, further described as "Residue A" on a subdivision plat on record in the Roanoke City Clerk of Circuit Court's Office in Map Book 1, Pages 1989 -1990 ( "Property "), to City of Roanoke Redevelopment and Housing Authority ( "RRHA "), upon certain terms and conditions; and dispensing with the second reading of this Ordinance by title. WHEREAS, a public hearing was held on August 20, 2018, pursuant to § §15.2 -1800 and 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such sale and conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to execute the necessary documents providing for the sale and conveyance of the Property to the RRHA, in order for the RRHA to consolidate the Property into adjacent land owned by the RRHA designated as Roanoke Official Tax Map No. 3013503, for the RRHA to settle its title interests in its land; and as more particularly stated in the City Council Agenda Report dated August 20, 2018. 2. All documents necessary for this conveyance shall be in form approved by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: -.*I. ync O&VI p City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2018. No. 41231 - 082018. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the sale and conveyance of the following parcel of City owned property, described as being approximately 0.28 acres, more or less, further described as "Residue B" on a subdivision plat on record in the Roanoke City Clerk of Circuit Court's Office in Map Book 1, Pages 1989 -1990 ( "Property "), to H.R. Foundation, Inc., upon certain terms and conditions; and dispensing with the second reading of this Ordinance by title. WHEREAS, a public hearing was held on August 20, 2018, pursuant to § § 15.2 -1800 and 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such sale and conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to execute the necessary documents providing for the sale and conveyance of the Property to H.R. Foundation, Inc., in order for H.R. Foundation, Inc., to consolidate the Property into adjacent land owned by H.R. Foundation, Inc., designated as Roanoke Official Tax Map No. 3013501, for H.R. Foundation to settle its title interests in its land; and as more particularly stated in the City Council Agenda Report dated August 20, 2018. 2. All documents necessary for this conveyance shall be in form approved by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 20, 2018 Subject: Authorize Conveyance of Residue Parcels to City of Roanoke Redevelopment and Housing Authority (RRHA) and H. R. Foundation, Inc. (HR Foundation) Background: As a part of the redevelopment of The Hotel Roanoke in the 1990's, the Commonwealth of Virginia, through its Department of Transportation (VDOT) acquired certain real property in connection with the realignment and construction of Wells Avenue. Following completion of this work, VDOT conveyed two residue parcels to the City of Roanoke by quitclaim deed dated May 10, 1999, which deed was recorded in the Clerk's Office of Circuit Court of the City of Roanoke, Virginia as Instrument No. 99001 1086. The City prepared a plat that (i) consolidated Residue A consisting of approximately 0.203 acres, more or less, with property of RRHA bearing Official Tax Map No. 3013503 (RRHA Parcel); and (ii) consolidated Residue B consisting of approximately 0.28 acres, more or less, with property of HR Foundation bearing Official Tax Map No. 3013501 (HR Foundation Parcel). This plat was approved by the City Subdivision Agent and City Engineer and was recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia at Map Book 1, Page 1989- 1990 (Plat). Although all parties intended that the City convey Residue A to RRHA and Residue B to HR Foundation, no quitclaim deeds from the City were executed and recorded. As a part of the redevelopment of The Hotel Roanoke and the construction of the Conference Center, RRHA leased the RRHA Parcel and other parcels to the Hotel Roanoke Conference Center Commission (Commission). The Commission constructed the Conference Center on the RRHA Parcel and has operated the Conference Center. In 2018, RRHA proposed to transfer its interests in the parcels upon which the Conference Center is located to the Commission. City Council consented to this proposed transaction through the adoption of Resolution No. 41049 - 020518, on February 5, 2018. In preparing to complete this transaction, RRHA discovered that the City had not conveyed Residue A to RRHA. In addition, RRHA advised the City that the City had also not conveyed Residue B to the HR Foundation. RRHA has requested the City to resolve these defects in title by conveying the parcels as intended in 1999. Recommendation: Authorize the City Manager to execute the necessary documents providing for the sale and conveyance of Residue A to the City of Roanoke Redevelopment and Housing Authority by quitclaim deed; and sale and conveyance of Residue B to the H. R. Foundation, Inc., by quitclaim deed. - - - -- - - - - -- --------------- - - - -- Robert S. Cowell, .Jr. City Manager Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Sherman M. Stovall, Assistant City Manager for Operations Amelia C. Merchant, Director of Finance 2 The Roanoke Times Roanoke, Virginia Affidavit of Publication SHERMAN M STOVALL, ASSISTANT CITY MGR C/O R Brian Townsend Assistant City Manager for Community Development 215 CHURCH AVENUE. S. W SUITE 456 ROANOKE VA 24011 Account Number 6017304 Date August 10, 2018 Date Category Description Ad Size Total Cost 08/16/2018 Legal Notices NOTICE OF PUBLIC HEARING The City of Roanoke propos( 1 x 85 L 457.60 Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice NOTICE OF PUBLIC HEARING was published in said newspapers on the following dates: 08/10/2018 The First insertion being given ... 08/10/2018 Newspaper reference: 0000801041 Billing Re resentativ Sworn to and subscribed before me this Friday, August 10, 2018 No ary Pu is � .w .��r�., �� ;; State of Virginia ..•• ^• City/County of Roanoke ooc,(4 My Commission expires 1 h� THIS IS NOT A BILL. PLEASE PAY FROM INVOICE. THANK YOU " " "a:sse" AOV�' NOTICE OF PUBLIC HEARING The City of Roanoke proposes to convey to the City of Roanoke Redevelopment and Housing Authority ( "RRHA ") certain real estate consisting of approximately 0.203 acres, more or less, located adjacent to real estate owned by the RRHA bearing Official Tax Map No. 3013503, further described as "Residue A" on a subdivision plat on record in the Roanoke City Clerk of Circuit Court's Office in Map Book 1, Pages 1989 -1990 ( "Plat "). The City further proposes to convey to H.R. Foundation, Inc. ( "HR Foundation "), certain real estate consisting of approximately 0.28 acres, more or less, located adjacent to real estate owned by H.R. Foundation, Inc., bearing Official Tax Map No. 3013501, further described as "Residue B" on the Plat. The City acquired Residue A and Residue B as residual parcels remaining from VDOT's realignment and construction of Wells Avenue, and RRHA and HR Foundation, respectively, require these conveyances to settle their title interests in their respective properties. If approved by City Council, Residue A will be consolidated with and be a part of the parcel bearing Official Tax Map No. 3013503 and owned by RRHA, and Residue B will be consolidated with and be a part of the parcel bearing Official Tax Map No. 3013501 and owned by HR Foundation. Pursuant to the requirements of Sections 15.2- 1800(B) and 15.2 -1813, Code of Virginia (1950), as amended, notice is hereby given that the Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, August 20, 2018, commencing at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011. Further information, including a copy of the proposed Deed is available from the Office of the City Clerk for the City of Roanoke at Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011 or (540) 853 -2541. Citizens and other persons and other entities who have an interest in this matter shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 -2541, before 12:00 noon on Thursday, August 16, 2018. GIVEN under my hand this 10th day of August, 2018. Stephanie M. Moon Reynolds, MMC City Clerk Notice to Publisher: Publish once in the Roanoke Times on Friday, August 10, 2018: Send affidavit to; Stephanie M. Moon Reynolds, MMC, City Clerk 215 Church Avenue, S.W., Room 456 Roanoke, VA 24011 (540) 853 -2541 CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 CHURCH AVENUE, S. W. SUITE 456 ROANOKE, VIRGINIA 24011 Send Bill to: R Brian Townsend, Assistant City Manager 215 Church Avenue Room 364 Roanoke, Virginia 24011 r> IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2018. No. 41232- 082018. AN ORDINANCE accepting a bid for a lease to install, operate, and maintain a Wireless Telecommunications Facility in a portion of Fallon Park in the City, upon certain terms and conditions, for up to a thirty five year term; authorizing the execution of a Lease Agreement by the City Manager; authorizing the City Manager to take such further actions and execute such other documents as may be necessary to implement, administer, and enforce the Lease Agreement; establishing an effective date; and dispensing with the second reading of this Ordinance by title. WHEREAS, by public notice published in The Roanoke Times pursuant to Sections 15.2- 2100 and 15.2 -2101, Code of Virginia (1950), as amended, City Council has invited bids for a lease to install, operate, and maintain a Wireless Telecommunications Facility in an approximately 0.064 acre (2,812 square feet) portion of Fallon Park, Official Tax Map No. 4310101 located at 502 19th Street SE, Roanoke, VA 24013, upon certain property of the City for a term up to thirty five years; WHEREAS, the written bid of Milestone Tower Limited Partnership - IV, was delivered to the presiding officer of City Council in open session of the Council at 2:00 p.m. on August 20, 2018; WHEREAS, such bid was referred to the City Manager for evaluation and negotiation with Milestone Tower Limited Partnership - IV as to the final terms and conditions of a Lease Agreement; WHEREAS, Milestone Tower Limited Partnership - IV has agreed to enter into a Lease Agreement, a copy of such Lease Agreement is attached to the City Council Agenda Report dated August 20, 2018, and the City Manager recommends that City Council accept the bid of Milestone Tower Limited Partnership - IV, such recommendation being fully set forth in the City Council Agenda Report dated August 20, 2018; WHEREAS, after proper and timely notice by advertisement as required by the Code of Virginia, City Council held a public hearing on this matter at its regular meeting on August 20, 2018, at which public hearing all parties in interest and other persons were given an opportunity to be heard, both for and against the proposed Lease Agreement; and WHEREAS, after closing the public hearing, City Council believes that granting a lease to Milestone Tower Limited Partnership - IV will benefit the City and its citizens. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Milestone Tower Limited Partnership - IV for a lease to install, operate, and maintain a Wireless Telecommunications Facility upon certain public property of the City, such bid being on file in the Office of the City Clerk and attached to the City Council Agenda Report dated August 20, 2018, is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a Lease Agreement, effective August 30, 2018, a copy of which is on file in the Office of the City Clerk and is also attached to the City Council Agenda Report dated August 20, 2018, and such Lease Agreement shall be in such form as is approved by the City Attorney. 3. The City Manager is further authorized to take such further actions and to execute such other documents as may be necessary to implement, administer, and enforce the Lease 2 Agreement, including, without limitation, acceptance of a cash bond in an amount as determined by the City Manager as required pursuant to Section 15.2 -2104, Code of Virginia (1950), as amended. 4. This Ordinance is effective as of the date of its passage. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: 61 t Cz'6 . vwdlc�t Dept City Clerk. cl 0 P CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 20, 2018 Subject: Award to Milestone Tower Limited Partnership - IV of a Lease Agreement to Lease from the City an 0.064 - acre Portion of Official Tax Map No. 4310101, located at 502 19`h Street, S.E. Background: The City of Roanoke is proposing to lease for the construction, maintenance and operation of a wireless telecommunications facility and related ancillary and accessory equipment, approximately 0.064 acres (2,812 Square Feet) of city -owned property located in Fallon Park (Property). The Property subject to the proposed lease is located at 502 19`h Street, S.E., being a portion of Official Tax Map No. 4310101. The maximum term of such lease would be thirty -five (35) years. Because of the term of the lease proposed, the Code of Virginia requires that the proposed lease be advertised for bidding by the public, and a public hearing held before such lease can be authorized by City Council. Therefore, pursuant to Sections 15.2-2100 and 1 5.2 -2101 , Code of Virginia (1950), as amended, the City is required to give public notice, conduct a public hearing, and adopt an ordinance by City Council. On .July 16, 2018, City Council authorized advertising for bids and scheduling a public hearing to consider a lease of the above - referenced property for construction, maintenance, and operation of a wireless telecommunications facility. The proposed lease agreement and related bid forms were made available for public information on Monday, August 6, 2018. The required legal advertisements were placed in the Roanoke Times on August 6, 2018 and August 13, 2018. The deadline for submittal of bids to the City Clerk from interested parties was set for Monday, August 20, 2018 at 12:00 noon. A single written bid, being the only one received, was opened and read earlier today at the 2:00 p.m. City Council session pursuant to Section 15.2-2102 Code of Virginia (1950), as amended. Milestone Tower Limited Partnership - IV submitted a bid consistent with all proposed terms of the lease agreement advertised with the bid invitation. The matter was referred to the City Manager for review, evaluation, and recommendation. A copy of the proposed lease agreement, with exhibits (cited hereafter as the "Lease Agreement "), is attached to this report. Considerations: Under the proposed Lease Agreement, Milestone Tower Limited Partnership - IV (Milestone) would lease the Property for an initial term of ten (10) years, with up to five (5) five -year extension terms for a maximum term of 35 years. Milestone will pay a monthly lease rate equal to forty percent (40 %) of Gross Revenues it derives from the use and occupancy of the Property and platforms on the installed telecommunications facility (Monopole and Base Station). The minimum monthly rent to be paid to the City shall be $1,000.00. In addition to the monthly rent, Milestone will pay to the City a one -time Site Fee of $25,000.00 payable at the time construction begins on the Property. In addition, Milestone will pay the City a one -time Collocation Fee of $5,000.00 each time a telecommunications carrier is added to the Monopole subsequent to the initial carrier installation. All amounts paid as monthly rent or as Site or Collocation Fees to the City during the term of this Lease Agreement will be dedicated to public park operation, equipment, or maintenance purposes. To ensure proper removal of the Monopole and Base Station from the Property at the end of Milestone's use of the Property or the Lease Term, a $20,000.00 Security Deposit will be furnished to the City prior to construction beginning of the Property. During the term of the Lease, the Security Deposit will be held by the City in an interest bearing escrow account, and returned to Milestone upon the terms and conditions outlined in the Lease Agreement. The City, or any other governmental agency that the City is a member of, shall be permitted to lease, without any compensation to Milestone, one (1) platform on the Monopole and a location on the Property for a Base Station, under certain terms and conditions as outlined in the Lease Agreement. The bid submitted by Milestone was fully responsive to the invitation. Milestone has provided sufficient evidence of its ability to undertake the obligations contained in the Lease Agreement given its extensive experience in the construction and maintenance of such telecommunication facilities on public property in numerous localities in Virginia and the Mid - Atlantic region. Milestone has also undertaken community meetings related to this proposal and obtained a Special Exception from the Roanoke Board of Zoning Appeals on August 8, 2018 for the construction and installation of their proposed telecommunications facility. After proper and timely notice as required by the Code of Virginia, Council held a public hearing on this matter at its 7:00 p.m. session on August 20, 2018, at which public hearing all parties in interest and persons were given the opportunity to be heard, both for and against the proposed Lease Agreement. The City Manager recommends that the Council find that the bid of Milestone Tower Limited Partnership - IV on this matter is from a responsible bidder and 2 is responsive. The City Manager further recommends that Council accept such bid and approve the execution of the proposed Lease Agreement. Recommended Action: Accept the bid and award the lease to Milestone Tower Limited Partnership - IV. Approve the Terms of the lease between the City of Roanoke and Milestone Tower Limited Partnership - IV as set forth in the proposed Lease Agreement attached to this report. Authorize the City Manager to execute the Lease Agreement between the City and Milestone Tower Limited Partnership - IV, similar to the proposed Lease Agreement attached to this report and approved as to form by the City Attorney, and to enforce any and all terms and conditions of such Lease Agreement. Authorize the City Manager to take such further actions and to execute such further documents, approved as to form by the City Attorney, as may be necessary to implement, administer, and enforce the Lease Agreement and to accomplish the above matters and complete the lease of the Property described in the proposed Lease Agreement. --------------------------- Robert S. Cowell, Jr. City Manager Attachment Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Michael Clark, Director, Parks and Recreation 3 SHERMAN M STOVALL, ASSISTANT CITY MGR C/O R. Brian Townsend. Assistant City Manager for Community Development 215 CHURCH AVE SW ROOM 364 ROANOKE VA 24011 The Roanoke Times Account Number Roanoke, Virginia 6017304 Affidavit of Publication Date August 13, 2018 Date Category Description Ad Size Total Cost 08/19/2018 Propos -Sid Bids -RFP ADVERTISEMENT FOR INVITATION FOR BIDS AND NOTICE 1 x 199 L 1 884.88 Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice ADVERTISEMENT FOR INVITAT was published in said newspapers on the following dates: 08/06 08/13/2018 The First insertion being given ... 08/06/2018 Newspaper reference: 0000798771 Billing Repre entative Sworn to and subscribed before me this Monday, August 13, 2018 —F dill F N tary P4,1 IC State of Virginia City /County of Roanoke My Commission expires 20&--- V'y i Im UHI515 NUI A 1:311-L. FLtASt FAY t-KUM INVUII:t. Ir1ANr% TUU ADVERTISEMENT FOR INVITATION FOR BIDS AND NOTICE OF PUBLIC HEARING Before the Council of the City of Roanoke For Execution of a Lease Agreement (Fallon Park) Pursuant to the requirements of Section 15.2 -2100, et seq., Code of Virginia (1950), as amended, the City of Roanoke, Virginia (City) hereby gives notice that the City is inviting bids from qualified bidders for a certain lease to install, operate, and maintain a telecommunications facility in an approximately 0.064 acre (2,812 square feet) portion of Fallon Park within the City of Roanoke, Virginia, (Fallon Park being Official Tax Map No. 4310101 located at 502 19th Street SE, Roanoke, VA. 24013). upon certain terms and conditions, as set forth in a proposed Lease Agreement The proposed Lease Agreement includes the grant of Appurtenant Ea >ements ras defined and described in the proposed Luse Agreement; for temporary onstructlon activities, access, and certain utilities. The proposed Lease Agreement to be executed by the successful bidder, for an Initial term of ten years. upon certain terms and conditions. grants the right, privilege, franchise, and authority to use a portion of Fallon Park within the limits of the City of Roanoke, Virginia. to Install, operate, and maintain a telecommunications facility Any bidder shall be able to provide sufficient evidence that such bidder will be able to Instal!, operate. and maintain a telecommunications faclhty and execute the proposed Lease Agreement, subject to all of its terms and conditions if the Qt, elects to award and execute the Lease Agreement, City Council will be requested to adopt an ordinance to that effect. The full text of the proposed ordinance authorizing execution of the Lease Agreement is on file and may be reviewed in the Office of the City Clerk. Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. The City Clerk will also have copies of the necessary bid form available. The proposed ordinance, proposed Lease Agreement, and bid form will be available at the City Clerk's Office on and after Monday, August 6, 2018. Any interested entity is invited to submit a written bid, including a completed bid form, for the proposed Lease Agreement as described above. Each bidder shall submit the following Information 1. The legal name of the entity submitting the bid, including the Identification Number issued to it by the Virginia Stab Corpr,ration Commission. 2. The bidder's agreement to execute. deliver, and perform the Lease Agreement. 3. The amount to be paid by the bidder for the monthly rent to be made to the City for such Lease Agreement and the minimum monthly rent amount. 4. The amount to be paid by the bidder to the City as a Site Fee payable at the time Bidder begins construction of the Base Station on the Site within the Lease Area. 5. The amount to be paid by the bidder to the City as a Colocation Fee payable at the time the second Carrier begins construction on or in the Site within the Lease Area. 6 Other information as tht� bidder deems appropriate tom ? mai 0,� submitted as a ;hnrt narratl, statement Bids ar• to br submitted in a sealed -)v01,0 .ontuner to thy, Csty Clerk at thr address noted aboo on or befog Noon, 12.00 p m., local Ume, Monday. August 20. 2018. The outside of the bid envelope should be marked as hollows BID FOR EXECUTION OF LEASE AGREEMENT. TO BE OPENED AT THE CITY COUNCIL MEETING AT 2:00 P.M. ON AUGUST 20, 2018. The bid should be addressed to the City Council of Roanoke, c/o Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building. 215 Church Avenue, S.W., Roanoke, Virginia 24011. All bids received will be held by the City Clerk. unopened, until 2:00 p.m., local time, on Monday. August 20. 2018, at which time they will be deliverr,d to the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue .. S.W.. Roanoke, Virginia 24011. and thereafter be publicly opened and read aloud in accordance with Section 15 2 2102, Code of Virginia (1950). as amended. The City reserves the right to eancel this Invitation for Bids and /or to reject any and all bids, to waive any informality or irregularity in the bids received. and to accept the bid which is deemed to be in the best Interest of the City The entity to whom the Lease Agreement may be granted and awarded shall reimburse the City for the costs of any advertisements for this matter. Such entity shall also provide a bond as required pursuant to Section 15.2 -2104, Code of Virginia (1950), as amended. as determined by the City. Pursuant to the requirements of Sections 15.2 2100, et seq., and Sections L2 1800(81, 15.21813, and 15.2 -2204. Code of Virginia (19501, as amended, notice 1s hereby given that the Council of the City of Roanoke will hold a public hearing on the Lease Agreement at its regular meeting to be held on Monday, August 20, 2018, at 7:00 p.m., local time, or as soon thereafter as Council is available, in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. For further information on the Lease Agreement, you may contact the Office of the City Clerk at (540) 853.2541. A copy of the proposed Lease Agreement will be available at the City Clerk's Office on and after Monday, August 6. 2018. All parties and interested persons may appear on the above date and time and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the City Clerk's Office at (540) 853 2541 before 12:00 Noon on Thursday. August 16,2018 ,IVEN under my hand this 6th day ,11 August '018 St,gphorue M Mnnn R,,,nultts, MMi pity ".Ierk ,q8,..i 18 AUG -% AM R :41 of �YL ADVERTISEMENT FOR INVITATION FOR BIDS AND NOTICE OF PUBLIC HEARING Before the Council of the City of Roanoke For Execution of a Lease Agreement (Fallon Park) Pursuant to the requirements of Section 15.2 -2100, et seq., Code of Virginia (1950), as amended, the City of Roanoke, Virginia (City) hereby gives notice that the City is inviting bids from qualified bidders for a certain lease to install, operate, and maintain a telecommunications facility in an approximately 0.064 acre (2,812 square feet) portion of Fallon Park within the City of Roanoke, Virginia, upon certain terms and conditions, as set forth in a proposed Lease Agreement. The proposed Lease Agreement includes the grant of Appurtenant Easements (as defined and described in the proposed Lease Agreement) for temporary construction activities, access, and certain utilities. The proposed Lease Agreement to be executed by the successful bidder, for an initial term of ten years, upon certain terms and conditions, grants the right, privilege, franchise, and authority to use a portion of Fallon Park within the limits of the City of Roanoke, Virginia, to install, operate, and maintain a telecommunications facility. Any bidder shall be able to provide sufficient evidence that such bidder will be able to install, operate, and maintain a telecommunications facility and execute the proposed Lease Agreement, subject to all of its terms and conditions. If the City elects to award and execute the Lease Agreement, City Council will be requested to adopt an ordinance to that effect. The full text of the proposed ordinance authorizing execution of the Lease Agreement is on file and may be reviewed in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. The City Clerk will also have copies of the necessary bid form available. The proposed ordinance, proposed Lease Agreement, and bid form will be available at the City Clerk's Office on and after Monday, August 6, 2018. Any interested entity is invited to submit a written bid, including a completed bid form, for the proposed Lease Agreement as described above. Each bidder shall submit the following information: 1. The legal name of the entity submitting the bid, including the Identification Number issued to it by the Virginia State Corporation Commission. 2. The bidder's agreement to execute, deliver, and perform the Lease Agreement. 3. The amount to be paid by the bidder for the monthly rent to be made to the City for such Lease Agreement and the minimum monthly rent amount. 4. The amount to be paid by the bidder to the City as a Site Fee payable at the time Bidder begins construction of the Base Station on the Site within the Lease Area. 1 Stephanie M. Moon Reynolds, City Clerk Note to Publisher: Please publish twice in the Roanoke Times, legal notices, once on Monday, August 6, 2018, and once on Monday August 13, 2018. Please send affidavit of publication to: Stephanie M. Moon Reynolds City Clerk's Office Noel C. Taylor Municipal Building Room 456 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853 -2541 Please send bill to: R. Brian Townsend, Assistant City Manager 3rd Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011 Phone: (540) 853 -2333 . r BID FORM FOR A LEASE AGREEMENT TO INSTALL, OPERATE, AND MAINTAIN A TELECOMMUNICATIONS FACILITY IN FALLON PARK (Official Tax Map No. 4310101 located at 502 191h Street SE, Roanoke, VA 24013) RESPONSIBILITY OF BIDDER: It is the sole responsibility of the Bidder to assure that its bid is delivered to the place designated for receipt of bids and prior to the time set for receipt of bids. No bids received after the time designated for receipt of bids will be considered. BID DUE DATE, TIME, AND DELIVERY OF BID: All bids are due on or before Noon, 12:00 p.m., local time, Monday, August 20, 2018, and are to be delivered to the address listed below. The completed Bid Form, together with any other documents the Bidder wishes to submit, should be enclosed in a sealed envelope and addressed as follows: Council of the City of Roanoke c/o Office of the City Clerk, Room 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Place in front lower left-hand corner of envelope and on the back of the envelope in bold letters the following title: "BID FOR EXECUTION OF LEASE AGREEMENT, TO BE OPENED AT THE CITY COUNCIL MEETING AT 2:00 P.M. ON AUGUST 20,2018." Date: Ini��� '�uJT �0 , 2018 M I LCSTOI F- UM U M ITM pftTNMft1 P- IV_ proposes and agrees, if its (Legal Name of Bidder) Bid is accepted, to enter into and be bound by a Lease Agreement, a copy of which is on file in the Office of the City Clerk for the City of Roanoke, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Furthermore, the undersigned Bidder warrants that it can and will comply with the provisions of such Lease Agreement. Bid: Bidder agrees that lease payments will be made according to the Lease Agreement. In that regard, Bidder agrees to pay monthly rent of an amount equal to to M percent ( i4Q %) of the Gross Revenues (as defined in the Lease Agreement) derived from the use, leasing or occupancy of any portion of the Monopole or Base Station for the preceding calendar month. In no event will Bidder's payment to City under this provision after any Carrier (as defined and described in the ease Agreement) starts rent payments be less than ONG TnU "O flNb NMOO dollars ($ 1,000,00 ). Payment is due to the City in accordance with the terms of the Lease Agreement. Bid: to (the "Site Fee ") payable at the time within the Lease Area. y Ci_tyy a Site Fee, which is equal to AN0 1 6/100 Dollars ($ "l5, 000.00 ) Bidder begins construction of the Base Station on the Site Bid: On the date the second Carrier begins construction on or in the Site within the Lease Area, Bidder agrees to pay City a coloration fee of FIVE TMMSANO ANO NO[ido Dollars ($ 5, 000. 00 ) (the "Coloration Fee "). Bid Term: Up to 35 years, commencing on 00US-T 30 `)18, and ending or terminable pursuant to the terms of the Lease Agreement. Bid: Bidder agrees, if its bid is accepted, to execute, deliver, and perform all terms and conditions of the Lease Agreement, a copy of which is on file in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Bidder agrees, if its bid is accepted, to reimburse the City for the costs of any advertisements for this matter. Bidder agrees, if its bid is accepted, to provide a bond as required pursuant to Section 15.2 -2104, Code of Virginia (1950), as amended, in an amount determined by the City. State Bidder's complete legal name, exactly as it is recorded with the Virginia State Corporation Commission (SCC), or the complete legal name of Bidder if it is not a corporation. LEGAL, NAME OF BIDDER: III I i,EST0Ne A Wep- (,lM11ty fty-livealft P —1 V BY:_ TITLE: P "1V6NY (Printed Title) LCO NW f0 J (Printed Name) STREET ADDRESS: 12110 5& ETOIU, , SUIT& /GAO MAILING ADDRESS: sy CITY: Jeg -A STATE: lid ZIP CODE: 20/ TELEPHONE: (lob 10 " FAX: 703) (;jpg- 0qq Bidder's SCC Identification Number: M 0 11 -,2,0(0 2 At DRAFT August 6, 2018 DEED OF LEASE AGREEMENT SITE: Fallon Park 502 19't' Street SE Roanoke, VA 24013 THIS DEED OF LEASE AGREEMENT (this "L.ease "), made and entered into this _ day of 2018, by and between the City of Roanoke, Virginia, a Municipal Corporation of the Commonwealth of Virginia, with an address of 215 Church Avenue, S.W., Room 364, Roanoke, Virginia, 24011, herein referred to as "Lessor" and "City" and a with an address of , herein referred to as "Lessee" and `' " recites and provides as follows: RECITALS 1. Lessor is the owner of the parcel of improved real estate located in the City of Roanoke, Tax Map Parcel 4310101 located at 502 19'x' Street SE, Roanoke, VA 24013 and described in Exhibit A attached hereto and incorporated herein by reference (the `'Site "). is a corporation duly organized, validly existing and in good standing under the laws of the Commonwealth of Virginia, and is duly authorized to do business in the City of Roanoke, Virginia; and has all requisite power and authority to accept, execute, deliver and perform this Lease and all agreements entered into or delivered in connection with or as contemplated hereby. 3. Lessee intends to construct a free- standing monopole satisfying the requirements of this Lease and all applicable laws (the '`Monopole "), and to lease from Lessor land on which Lessee intends to construct an equipment compound of approximately two thousand eight hundred and twelve (2,812) square feet as described and shown on Exhibit A_1 attached hereto and made a part hereof for the installation of equipment operated by Lessee or the Carriers (as defined below) on the Site (the "Compound "). Lessee intends to lease space on the Monopole and in the Compound to telecommunications or other wireless communications providers (the "Carriers" and each individually. a '`Carrier ") in compliance with the terms hereof. Such Carriers may install antennas on the Monopole and construct equipment platforms (each, an "Equipment Platform ") to support their communications equipment within the Compound (the Monopole, the Compound, each Equiprnent Platform and all antennas, dishes, lines, cables and other equipment or items shall collectively be referred to herein as the 13ase Station" or "Facilities"). 4. The parties now desire to set forth the terms pursuant to which Lessor shall lease a portion of the Site to Lessee for the purposes just described. NOW. THEREFORE., in reliance of the Recitals set forth above and for and in consideration of the mutual agreements set forth below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to enter into this indenture as follows. 1. LEASE AGREEMENT: a. Subject to and in accordance with the provisions of this Lease, Lessor hereby leases to Lessee and Lessee hereby leases from Lessor that space within the Site comprising two thousand eight hundred and twelve (2,812) square foot parcel of ground as described and show on Exhibit A -1 attached hereto and made a part hereof and designated as the "Lease Area" (the "Lease Area "), which, together with the Appurtenant Easements (defined in Section 2), shalt be referred to collectively as the "Leased Premises." Subject to and in accordance with the provisions of this Lease, the City hereby grants to _ the nonexclusive right, privilege, franchise, and authority, to install, operate, and maintain a telecommunication Monopole and ground telecommunications equipment on the Site, and to lease space on the Monopole and the Leased Premises to Carriers. b. Except for those portions of the Leased Premises that are fenced with the permission of City (which portions shall generally be the area immediately surrounding the Compound) and the actual space occupied by the Monopole (the "Exclusive Leased Premises "), the Leased Premises shall be demised to on a non - exclusive basis. City and its invitees, permittees, agents and contractors expressly reserve the right to have, and shall have, free and full use of the Non - Exclusive Leased Premises, including, without limitation, the right of pedestrian and vehicular ingress and egress over and through the Non- Exclusive Leased Premises in accordance with the terms hereof. _ and Carriers shall erect no signs on the Site except on the Exclusive Leased Premises or with the City's prior express permission in writing. This Lease grants no right to use City -owned useable antenna support structures such as City -owned water tanks, buildings, etc. or other structures, facilities or equipment belonging to City except as expressly stated herein. C, Lessee acknowledges that with the exception of the air space over the land actually occupied by the Monopole, the Leased Premises shall include the air rights over the land only to a height of fifteen (15) feet above ground level. Lessor and Lessee acknowledge that the exact location of the Leased Premises is, as of the date of the execution hereof, the parties current intent with respect thereto, however the final location may be subject to modification (by agreement of the City Manager and an authorized agent of ) based upon Lessee's governmental approval process. Lessee and Lessor therefore each covenant and agree, subject to each party's approval as required in the immediately preceding sentence, to execute an addendum hereto at such time as the final location of the Leased Premises is determined in the event that such location differs from that as set forth on Exhibit A -l. Lessee hereby accepts the Leased Premises "AS IS" and in its present condition without any representation or warranty of Lessor except any that may be expressly set forth in this Lease. d. Notwithstanding the foregoing, Lessee acknowledges and agrees that it is solely responsible for performing all necessary due diligence regarding the Site and the Leased Premises, including confirming by way of a title report and examination that Lessor holds legal title to the Site and that no matters affecting title to the Site prohibit, impair or require third party consent to the leasing of the Leased Premises to Lessee, the construction of the improvements contemplated hereunder or any other matter relating or pertaining to this Lease (the "Due Diligence Matters "). In no event shall Lessor have any responsibility for or liability with respect to the Due Diligence Matters, all of which are hereby waived by Lessee. Lessee agrees to strictly comply, at its sole cost and expense, with all recorded documents, instruments and agreements affecting title to the Site, and defend, indemnify and hold harmless Lessor against any cost, expense, claim, demand, obligation, cause of action or liability with respect to any violation thereof by Lessee or its agents or sublessees. e. Until the termination or expiration of this Lease, title to the Monopole and the portions of the Base Station owned by Lessee shall remain with Lessee, except that, title to the Monopole and /or those portions of the Base Station owned by Lessee that Lessor has required to remain on the Leased Premises shall, at the option of Lessor, vest in Lessor after the termination or expiration of this Lease, and Lessee agrees to promptly execute such further assurances thereof as shall be requested by Lessor. f. Lessee acknowledges and understands that Fallon Park is subject to various deed restrictions. Lessee agrees that, at Lessee's sole expense, if Lessee's use of the Site is challenged due to the deed restrictions, Lessee shall be solely responsible for all costs, including court costs and attorney's fees, in seeking to defend the challenge. Lessee shall defend, and indemnify Lessor and hold it harmless against any claims, damages, losses or liabilities (including attorney's fees) incurred by Lessor and arising from any challenge to the Lessee's use of the property. g. Until the Monopole reaches maximum capacity of the number of Carrier Subleases, Lessor agrees that it shall not lease, license or grant any interest in any portion of the Site to any telecommunications or other wireless service provider, or to any party constructing monopoles for lease to telecommunications or wireless service providers, other than Lessee, except as may be permitted in accordance with Section 3(c) below. h. As a condition precedent to City's obligation to lease the Leased Premises or otherwise to perform any obligations provided for in this Lease and to 's obligation to lease the Leased Premises, City Council shall release City's right to maintain and operate the portion of Fallon Park described herein as the Leased Premises at the Site (the "Council Release "). Upon notification from that _ intends to proceed with the lease, City shall initiate appropriate proceedings as required by applicable laws of the Commonwealth of Virginia and ordinances of the City to request City Council to consider the release of City's right to operate the portion of Fallon Park described herein as the Leased Premises at the Site. 2. EASEMENTS SERVING LEASED PREMISES: a. Lessor hereby grants to Lessee the easements specified and described herein and in the exhibits hereto as needed to install, operate, and maintain telecommunication, Monopole and ground telecommunications equipment as easements appurtenant to the leasehold granted to Lessee in this Lease (such easements collectively, the "Appurtenant Easements). With the exception of Lessee's grant of use of the Appurtenant Easements to Carriers and utility providers (as applicable), the Appurtenant Easements may not be assigned or otherwise transferred in whole or in part separately from the leasehold granted under this Lease, and any such attempted assignment or transfer shall be void. i. Lessor grants Lessee a nonexclusive, temporary construction easement of varying dimensions over, on, and through adjoining and adjacent portions of the Site, as shown on Exhibit B (Temporary Construction Easement,) and identified as the "Temporary Construction Easement ", for construction and installation of the Base Station upon the Leased Premises. Such temporary construction easement shall terminate upon the completion of Lessee's construction described in Section 7 provided that such term shall be extended for such period of time as Lessee may be prevented from constructing the Base Station by reason of force majeure, and may be extended for such further period as Lessor in its discretion may agree in writing. ii. Lessee shall be permitted the non - exclusive use of a right -of -way having the location and up to 10' feet in width as shown and described on Exhibit B "Utility Easement) hereof as the "Utility Easement," or such other right -of -way of similar dimensions as Lessor may designate during the term of this Lease, to construct, erect, install, operate and maintain underground communication cables (including fiber), from the Leased Premises, over, across and through that portion of the Site designated on Exhibit B (Utility Easement). iii. Lessor hereby agrees to grant to the local utility and telephone companies, on terms acceptable to Lessor in its reasonable discretion, the non - exclusive easements and rights -of -way having the location and up to 10' feet in width as shown and described on Exhibit B to construct, maintain, operate and repair communication, electric power, lines, natural gas, conduits and systems over those portions of the Site designated on Exhibit B Utility Easement) hereof and described as the "Utility Easement," or such other right -of -way of similar dimensions as Lessor may designate during the term of this Lease, and the right -of -way of Lessee provided for in Subsection 2 a(iD during the term of this Lease for purposes of installation and provision of telephone, and electric service to the Base Station. iv. Lessor hereby grants Lessee a non - exclusive easement and right -of -way having the location and width as shown and described on Exhibit B for ingress to and egress from the Leased Premises by Lessee and the Carriers, for vehicular traffic for constructing, installing, maintaining, operating and repairing the Base Station, over that portion of the Site designated on Exhibit B (Access Easement) hereof and described as the "Access Easement ", or such other right -of -way of similar width as may be designated by Lessor to provide such access to the Leased Premises and the Base Station. In the event that Lessee damages any grassed area with its service and/or construction vehicular traffic, Lessee will promptly re -sad the disturbed areas. b. Lessor shall have the right to direct to relocate any of the Appurtenant Easements (provided that there shall be no termination thereof, and no interruption of service or access as a result thereof other than such short term interruption as is necessary to effectuate the physical relocation, provided that Lessor and Lessee shall attempt to ensure that the replacement Appurtenant Easement is in place prior to such relocation such that any such interruption shall be as minimal as reasonably practicable). If such relocation occurs within the ME first fifteen (15) years after the installation of utilities or facilities therein, such relocation shall be at Lessor's expense; thereafter, such relocation shall be at Lessee's expense. C. With the exception of the temporary construction easement provided for in Section 2 gD, which may expire sooner as provided in such section, and any utility easements to third -party utility or power companies, which shall expire in accordance with their terms, the term of all Appurtenant Easements shall automatically expire upon termination of this Lease without the need for further act of any party. Notwithstanding the foregoing, if requested by Lessor, Lessee shall execute and deliver to Lessor, in recordable form, such documents as Lessor may request to evidence of record the termination of all Appurtenant Easements as just provided. Such documents may be recorded, and if they are recorded, they will be at is sole expense. 3. USE OF LEASED PREMISES: a. Lessee shall use the Leased Premises solely for construction, operation and leasing of the Base Station as provided herein, and shall use the Appurtenant Easements solely for the applicable purposes described in Section 2. Lessor makes rio representation or warranty whether such use is permitted by any laws or regulations applicable to the Leased Premises, and Lessee is solely responsible for determining whether such use is permitted, and for securing all necessary licenses, permits and approvals therefor. b. Notwithstanding any other provision of this Lease, Lessee acknowledges Lessor's use of the Site and that Lessee's rights under this Lease (and, accordingly, any Carrier rights under a Carrier Sublease (as defined below)) are subject and subordinate to Lessor's use and operation of the Site. Accordingly, in exercising their rights under this Lease, Lessee shall use its best efforts to avoid any adverse construction, operational or other such impact on the Site or Lessor's use and operation thereof, whether such impacts arise from work or activities being performed or undertaken on or off of the Site (utility outages arising from off -site utility relocation, for example), and, notwithstanding any other provision of this Lease, Lessee will use its best efforts to cause such entry, work or activities to be performed or undertaken at such times, and to occur in such manner, as Lessor may require, in its reasonable discretion, to avoid any adverse impacts to the Site or Lessor's use thereof, Further, Lessee agrees that it will cause each Carrier to comply with the provisions of this Section 3. Pursuant to the provisions of Section 8b, Lessee shall be responsible for repairing all damage to the Base Station, the Leased Premises or the Site caused by Lessee or any of Lessee's employees, contractors or agents. In case of emergencies threatening life or safety or any component of the Base Station, Lessee may enter the Leased Premises without prior notice to Lessor, provided Lessee notifies Lessor of such entry, and the nature of the work performed or undertaken as a result of such emergency, as soon as practicable after Lessee's entry. Notwithstanding the foregoing, Lessee shall have the right to make customary and routine inspections of the Leased Premises upon one (1) business day prior notice, provided that (i) such entry is only for the purpose of inspecting the Leased Premises, conducting routine maintenance and repairs (provided such maintenance and/or repairs do not require alteration of the structural elements to the Base Station or the Monopole or the addition or substitution of any electrical cabinet or equipment shelter) and (ii) the worker or workers who - 5 - make such inspections check -in with the appropriate personnel at the Site prior to accessing the Leased Premises and, in all cases, follow all procedures required by Site personnel. C. The City, or any other governmental agency that the City is a member of, shall be permitted to lease, without the requirement for payment of any compensation to , one (1) platform on the Monopole (which lease shall include a ground location for the City, to construct a facility to install its ground based facilities appurtenant thereto) at locations on the ground and on the Monopole mutually agreed upon by the City and ; provided that (i) in no event shall any such use of the Monopole by the City be for commercial purposes or for LTE antennas, (ii) the vertical envelope of the equipment installed by the City shall not exceed ten (10) feet, (iii) the total effective wind load of the City's equipment shall not exceed twenty (20) square feet of effective projected area, (iv) the total weight of the City's equipment shall not exceed three hundred (300) pounds, (v) the height of the City's equipment on the Monopole shall reasonably agreed upon between the City and and shall be subject to the location of the Carriers and any other regulatory limitations (i.e. limitations set forth by the FAA, FCC and other federal, state or local government authorities having jurisdiction over the Monopole), and (vi) the transmissions do not interfere with those of any Approved Carrier on the Site (or under a letter of intent) at the time such lease is granted. Further, City shall be entitled to lease space within the Site to any other governmental agency for construction of a monopole for its own use (but not for commercial resale), in accordance with Section 10 hereof. Notwithstanding anything to the contrary contained herein, the size, type, number, height and weight of the City's antennas, facilities, shelters, platforms and any other equipment to be installed by the City within the limitations set forth above is subject to is prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. 4. TERM: a. The term hereof shall be for an initial term of ten (10) years, with up to five (5) 5- year extension terms, commencing on the date of the final execution and delivery hereof (the "Commencement Date "). The term hereof shall be automatically extended as of the expiration of the then current term unless Lessee provides thirty (30) days advance written notice of its intent not to so renew the term hereof. Notwithstanding the foregoing, if the Monopole is not constructed within twelve (12) months after the date _ obtains all required governmental approvals and permits, this Lease may be terminated by City with thirty (30) days written notice to Further, in the event that at any time after the initial construction of the Monopole on the Site, the Monopole remains vacant i.e., with no Carrier Sublease applicable thereto) or no Carrier is paying rent therefor for a period of twelve (12) consecutive months, this Lease may be terminated by City with thirty (30) days written notice to In the event that City elects to terminate this Lease due to the conditions described in the previous two sentences, then during the sixty (60) day period after receipt of City's termination notice, shall be permitted to elect to pay the City the amount that would have been due if one (1) Carrier Sublease was executed and paying full rent and, if begins the payment of such amount prior to the date that is sixty (60) days after receipt of City's termination notice, then City's termination notice shall be deemed null and void and the lease for the site shall continue in full force and effect. Lessee may terminate this Lease with sixty (60) days prior notice to Lessor if (i) Lessee is unable to obtain or maintain in force all necessary governmental approvals, ii) a material change in government regulations makes it impractical or uneconomic for Lessee to continue to operate the Facilities under this Lease, (iii) interference by or to Lessee's operation cannot, despite good faith negotiations between Lessee and Lessor in accordance with the terms hereof, be resolved, (iv) Lessee is unable to lease space within the Base Station for a period in excess of twelve (12) consecutive months, or (v) the Site or the Facilities are destroyed or damaged or taken in whole or in part (by condemnation or otherwise) sufficient in Lessee's reasonable judgment, adversely to affect Lessee's use of the Site. If this Lease is renewed, then all covenants, conditions and terms will remain the same. b. At the end of the term of this Lease, whether by the passage of time or the exercise by any party of any right of termination, Lessee shall surrender the Leased Premises to Lessor in the condition specified in this Section 4b. Within sixty (60) days after the end of the term of this Lease, Lessor shall notify Lessee of its election to (i) have Lessee dismantle and remove the Base Station, or any component thereof, including, but not limited to, any or all of Lessee's facilities from the Leased Premises and the Site, and return to the Site's original condition (except for underground improvements and cables as described below), or (ii) have the Monopole and/or Base Station (other than those portions of the Base Station owned by the Carriers) remain on the Leased Premises. If Lessor fails to make such an election within the sixty (60) day period, Lessee shall inform Lessor in writing, and Lessor shall have an additional thirty (30) days to make the election. If Lessor fails to make an election, it shall be deemed to have elected option (i). If Lessor elects or is deemed to elect option (i), Lessee shall promptly (and in any event within ninety (90) days) remove the designated facilities from the Site, at Lessee's sole cost and expense, and return to the Site's original condition: provided, however, that Lessee shall be entitled to leave in place underground cables and any other improvements which are two (2) feet or more below grade. If Lessor elects option (ii), title to the facilities designated by Lessor shall immediately vest in Lessor, without the necessity of further action by Lessor or Lessee. Notwithstanding the foregoing, if so requested by Lessor, Lessee shall execute such further assurances thereof as shall be requested by Lessor. Further, nothing herein contained shall be deemed to prohibit or restrict any Carrier from removing its equipment to the extent permitted to do so under any Carrier Sublease. C. Subject to Section 4b, the Base Station, including the Monopole, and other equipment, shall during the term of this Lease be deemed the personal property of Lessee and/or the Carriers, as applicable. 5. RENT & ACCESS FEE: a. Beginning on the Commencement Date, and thereafter on the tenth day of each calendar month during the term and any extension term of this Lease, Lessee shall pay to Iressor, in legal tender of the United States of America without demand, setoff or deduction whatsoever, as monthly rent for the Leased Premises, an amount equal to percent ( °lo) of the Gross Revenues (as defined below) derived from the use, leasing or occupancy of any portion of the Monopole or Base Station for the preceding calendar month. In no event will 's payment to City under this provision after any Carrier starts rent payments be less than dollars ($ }, The term "Gross Revenues" shall mean all revenue actually collected by Lessee from Carriers with respect to the Site (other than -7- any reimbursement being made to Lessee by a Carrier in connection with construction of the Base Station, Monopole (including, if necessary, the costs to install a stealth or camouflage Monopole), connection to any utilities, access roads, reimbursement for any site access fee provided that such reimbursement is not in lieu of or in substitution of any rent thereunder). All rental payments shall be made by check payable to Treasurer, City of Roanoke at City of Roanoke, Virginia, P.O. Box 1451, Roanoke, VA 24011, Attention: City Treasurer, or such other address as Lessor may from time to time provide. b. In addition to the rent described in the preceding paragraph, any other amounts payable under this Lease to Lessor, however denominated, shall be deemed additional rent, and Lessor shall have all rights and remedies in respect of payment and collection thereof as are applicable to rent. Any amounts payable hereunder by that are not paid when due shall (a) be subject to a late charge of five percent (5 %) of the amount due and (b) bear interest from the date due at a rate of fifteen percent (15 %) per annum. C. Lessee shall pay Lessor a Site Fee, which is equal to and No /100 Dollars ($ ) (the "Site Fee ") payable at the time Lessee begins construction of the Base Station on the Site. In addition, on the date the second Carrier begins construction on or in the Site, Lessee shall pay Lessor a Colocation fee of _ _ and No /100 Dollars ($ ) (the "Colocation Fee "). The Colocation Fee does not apply to the first Carrier on or in the Site (for which no fee shall be due). In the event fails to timely pay any Site Fee due hereunder, shall, in addition to owing City such Site Fee, pay to City interest on the amount thereof from the date due through the date of payment of such Site Fee to City, in an amount equal to the Prime Rate of interest as published from time to time by The Wall Street Journal plus four percent (4 %). d. To ensure 's proper removal of the Monopole and Base Station from the Site at the end of the term of this Lease in accordance with Section 4b (as elected by City), and to ensure the removal work is done in a proper manner without undue damage to the Site or other property of the City, shall furnish to the City a security deposit in the amount of Twenty Thousand Dollars ($20,000.00) (together with all accrued interest thereto, the "Security Deposit ") prior to commencing construction on the Site. The Security Deposit shall be in the form of cash. The Security Deposit shall not in any way be considered to limit _ s obligations or liabilities hereunder. The City may draw upon the Security Deposit upon failure by to remove _ s Facilities from the Site in accordance with Section 4b. The Security Deposit shall be held by City in an interest bearing escrow account and the Security Deposit (together with all accrued interest thereto) will be returned to within thirty (30) days of _'s substantial completion of the removal requirements contained in Section 4b (as elected by City) or at such other time as the City determines the Security Deposit is no longer needed. e. All amounts paid by Lessee to Lessor under this Lease shall be dedicated by Lessor to City of Roanoke public park purposes. - 8 - 6. REAL ESTATE TAXES, UTILITIES, MAINTENANCE a. Lessee shall be solely responsible for all costs and expenses relating to the connection, disconnection, consumption and use of any utilities and/or services in connection with Lessee's construction, installation, operation and maintenance of the Base Station on the Leased Premises including, without limitation, any electric consumption by its equipment, and Lessee agrees to pay all costs for service and installation of an electric meter directly to the local utility company. b. Lessee shall be responsible for the declaration and payment of any applicable taxes or assessments against the Base Station or other equipment owned or used by Lessee or allocable (on a pro rata basis) to the Leased Premises, including but not limited to any sales and property taxes, as well as any taxes based on the rent payable hereunder, including gross receipts taxes. During the term, Lessee shall be responsible for the timely payment of all taxes levied upon Lessee's (or Lessee's licensees', tenants' or agents') improvements on the Leased Premises. Lessee shall have the right to contest all taxes, assessments, charges and impositions assessed against the Base Station or other equipment owned or used by Lessee or allocable (on a pro rata basis) to the Leased Premises as well as any taxes based on the rent payable hereunder, as defined without limitation herein; provided, however, the expenses associated with any such contest are borne by Lessee and not by Lessor. C. Lessee shall at all times during the term of this Lease, at its own expense, maintain the Base Station and the Leased Premises in proper operating condition and maintain same in industrial standards of good condition, and will repair any damage except that caused by Lessor, its agents or servants. Lessee shall mow grass, keep area free of weeds, and keep the Leased Premises and the Base Station free of debris at all times. agrees that it will inspect the Leased Premises and the Base Station no less frequently than once every four months. d. Lessee shall maintain the Leased Premises at all times in compliance with Lessor's rules and regulations and all governmental rules, regulations and statutes whether currently in force or subsequently adopted, including, without limitation, those relating to the lighting and painting of the Base Station, and requirements of the Federal Communications Commission (the "FCC "), the Federal Aviation Administration (the "FAA "), and other federal, state or local government authorities having jurisdiction over the Base Station. e, Lessee shall be solely responsible, at its sole cost and expense, for keeping the Monopole at all times in reasonably good order, condition and repair, and in compliance with all applicable laws, ordinances and rules. Lessee shall cause the Monopole to be regularly inspected and preventative maintenance to be performed in accordance with the standards of the industry, but in no event less frequently than once every three (3) years. In no event shall Lessor be required to maintain or repair the Monopole, or pay or reimburse Lessee for any costs associated therewith. f. If applicable, Lessor shall be responsible for the maintenance and repair of any lighting fixtures installed by Lessor (or by Lessee on behalf of Lessor) on the Monopole. -9- g. is responsible for constructing and maintaining any access driveway or road that may be needed to provide access to its facilities and the Base Station. Such access road constructed in Fallon Park shall also be required to provide access or use for public park purposes. Any driveways and roadways installed on City property shall be installed and maintained in accordance with standards typical for gravel roads, driveways or pathways in City owned parks and built to be usable for or by the general public. Whenever fails to maintain a driveway or roadway in a reasonably safe condition, the City may notify of the need to do so and it is 's responsibility to make necessary repairs or improvements. If fails to make the necessary repairs or improvements in a timely manner, the City may do so and bill for the actual and reasonable costs incurred by the City. 7. CONSTRUCTION BY LESSEE: a. Lessee shall use good faith and commercially reasonable efforts to obtain all necessary approvals, including, without limitation, those required by the FAA and the FCC, for construction and operation of the Base Station. After obtaining the necessary permits and approvals therefor, Lessee, at its sole cost and expense, shall perform or cause to be performed all of the following work: Not Used. ii. Installing the utility and equipment compound with dimensions shown and described on Exhibit A -I attached hereto. iii. At the request of Lessor at the commencement of the term of this Lease, at is sole expense, shall install a chain link or wood fence, with a locked gate, or natural screening on each side of the Compound or any other portion of the Base Station. iv. Subject to City's approval thereof as provided in Section 7d hereof, performing or causing to be performed all other improvements and work associated with the work described above that may lawfully be required by City of Roanoke or any other governmental body or official having jurisdiction, as part of or in connection with the work described above. V. As provided by the City's Zoning Ordinance, all landscaping on parcels containing towers or monopoles, antenna support structures, or telecommunications facilities shall be designed to screen the tower, antenna support structure, and telecommunications facilities to a height of at least six (5) feet from grade. This requirement may be waived at the discretion of the inspections division if the base of the tower and facilities to be screened are not located in and not visible from any business or residential districts or visible from public streets. All landscaping must be continually maintained in a healthy and attractive manner. b. Lessee's agreement to perform or cause to be performed at its expense all of the work described above, all at Lessee's cost and expense, shall be construed broadly to provide for all costs and liabilities of such work, whether or not such costs are anticipated and without regard -10- to Lessee's present estimates for the cost of same, so that all of such work is fully and properly performed and paid for by Lessee, and upon completion of same the Site, as altered by such work, is as fully functional and suitable for continued use by Lessor as it was prior to the start of Lessee's work. Accordingly, the phrase "all work" shall include, without limitation, all of the following work, and Lessee's promise to pay for such work shall include, without limitation, all of the costs and liabilities associated with the following: all labor and materials; design work; legal and professional fees of Lessee's consultants; permit drawings and materials; construction costs; construction equipment and materials; utilities extension or relocation; provision of protective fencing and other safety measures; maintenance; removal of construction related debris from the Site; liability, property and workers' compensation insurance premiums; bond fees; development and construction permits; inspections and approvals; re- sodding of all disturbed areas not covered with impervious surface; replacement or relocation of landscaping; re- paving or re- striping of any damaged or disturbed paved areas whether for traffic control, parking or otherwise; and the repair and restoration of any item, place or thing required as a result of any damage to the Site caused in the prosecution of the work contemplated by this Lease. C. Lessee shall cause construction of the Base Station (other than components which may be constructed by any future Carrier) to be commenced as soon as practicable after receipt of all necessary permits and approvals and to be completed within a reasonable time thereafter, not to exceed one (1) year from the receipt of all necessary permits and approvals, excepting periods of delay caused by force maajeure or delays caused by Lessor. Once its work on the Base Station is initiated, Lessee shall diligently and continuously prosecute such work to final completion (including obtaining all required inspections and approvals) in a timely manner in accordance with a schedule to be agreed upon in advance by City and (the "Initial Construction Schedule "). Such schedule shall limit construction activities to such days and times as Lessor may require to avoid any material and adverse impacts on the use and operation of the Site. Lessee shall keep Lessor fully apprised of any events that might impact the construction activities. If Lessee fails to perform its work in accordance with this Lease and if such failure threatens the safe, proper and timely conduct of operations or uses of the Site, then Lessor shall have the right to take all measures as it may deem necessary to avoid or abate any interference with such safe, proper and timely conduct of such classes or other operations or uses. Such measures may include, without limitation, engaging additional construction personnel, stopping any construction activities occurring on the Site, removing interfering construction equipment, materials or facilities, and providing alternate or additional drives, sidewalks, parking areas or other facilities. All such measures shall be at the sole cost, expense and liability of Lessee. Lessor shall give Lessee prior notice before commencing any such measures and to coordinate with Lessee in determining the measures that may be necessary. Lessee shall permit Lessor's designated inspector full access to all of Lessee's construction areas and shall provide such inspector access to all construction plans, drawings and other information reasonably requested. d. The Base Station, and each component thereof constructed by Lessee, shall be constructed by Lessee in a good and workmanlike manner and in accordance with the plans, drawings and specifications prepared and provided by Lessee for Lessor's prior review and written approval, which approval shall not be unreasonably withheld, conditioned or delayed. Construction and installation of the Base Station by Lessee shall be in compliance with all applicable rules and regulations including, without limitation, the customary specifications and requirements of Lessor and those of the Occupational Safety and Health Administration ( "OSHA "), the FCC, the FAA, and regulations of any governmental agency (town, county, state or federal) including, but not limited to the applicable requirements of the local planning and zoning and building, electrical, communications and safety codes of the City of Roanoke, Virginia. Lessee, at its sole cost and expense, shall secure all necessary permits and approvals required to permit the construction and operation of the Base Station. Lessor agrees to cooperate reasonably with Lessee in any necessary applications or submissions required to permit construction and operation of Lessee's Base Station as described herein, provided that Lessor shall be reimbursed for all reasonable and actual expenses incurred in providing such cooperation within thirty (30) days of delivery of an invoice to Lessee, and provided further that obtaining Lessee's permits and approvals shall not result in the imposition of any material restrictions or limitations or adverse impacts on the Site or Lessor's use, operation improvement or redevelopment thereof, All of Lessee's work and facilities shall be installed free of mechanics', materialmen's and other liens, and claims of any person. Lessee agrees to defend, with counsel approved by Lessor, and to indemnify and save Lessor harmless, from all loss, cost, damage or expense including, without limitation, reasonable attorneys' fees, occasioned by or arising in any connection with the work contemplated by this Lease, and shall bond off or discharge any such liens or other claims within thirty (30) days after written notice from Lessor. e. Prior to commencing any activities on the Site pursuant to this Lease. Lessee shall provide Lessor with evidence satisfactory to Lessor that Lessee and its contractors and agents who will be working on the Site are covered by insurance as required by Section 14 hereof. f. Lessee shall, upon Lessor's request, fence and buffer the Base Station and/or the Leased Premises or any portion thereof. In addition, in the event the Base Station is to be constructed near any existing structure or structures on the Site, — shall, prior to commencing any such construction, provide City, at its request, with a report prepared by an independent third -party professional engineer confirming the structural integrity of the existing structure or structures following the construction of the Base Station. g. Lessee shall restore in compliance with the Federal Americans with Disabilities Act (and any state or local law counterpart or implementation thereof) any of Lessor's facilities physically altered by Lessee's work. h. Lessee shall be allowed to make further additions, alterations and improvements to the Base Station and Monopole with the Leased Premises without Lessor's prior written consent, subject to obtaining the needed zoning approvals from the City. i. It is understood by Base Station on the Site, the City. that before constructing any Monopole and will have to obtain the needed zoning approvals from 8. OPERATION OF BASF. STATION; a. Lessee and the Carriers shall operate the Base Station in strict compliance with all applicable statutes, codes (including the City's Zoning Ordinance), rules, regulations, standards - l�- and requirements, whether currently in force or subsequently adopted, of all federal, state and local governmental boards, authorities and agencies including, without limitation, OSHA (including, without limitation, OSHA regulations pertaining to RF radiation), the FCC and the FAA, as well as such reasonable rules and regulations which Lessor may publish for the site from time to time. Lessee has the responsibility of carrying out the terms of its FCC license in all respects, including, without limitation, those relating to supporting structures, lighting requirements and notification to FAA. Lessee, prior to constructing the Base Station, shall have, and shall deliver to Lessor, copies of all required permits, licenses and consents to construct and operate the Base Station. In the event that the operation of the Base Station violates any of the terms or conditions of this Lease, Lessee agrees to suspend operation of the Base Station within twenty -four (24) hours after notice of such violation and not to resume operation of the Base Station until such operation is in strict compliance with all of the requirements of this Lease. Lessee shall be responsible for ensuring that each Carrier complies with the terms of this Section 8. b. Other than with respect to entries established pursuant to the Initial Construction Schedule and Monopole, prior to any entry upon the Leased Premises, Lessee shall provide not less than one (1) business day prior notice to Lessor which notice shall specify the type of work or other activities that are to be performed or undertaken on the Leased Premises or which may impact the Site. Lessor shall have one (1) business day after receipt of the notice to advise Lessee that the proposed work would conflict with Lessor's use of the Site and such notice shall include dates and times that the proposed work may be rescheduled. Lessee further agrees and covenants that the Base Station, transmission lines and appurtenances thereto, and the construction, installation, maintenance, operation and removal thereof, will in no way damage Lessor's property or materially interfere with the use of the Site by Lessor, its successors and assigns. Notwithstanding the foregoing, Lessee agrees (i) to repair any damage caused to the Site or the Leased Premises, including, but not limited to, any damage to utility lines, drains, waterways, pipes, grass fields or paved surfaces by such installation, construction, maintenance, operation or removal to the condition the Site or the Leased Premises was in immediately prior to such damage, (ii) that any repair work undertaken on the Site or the Leased Premises shall be completed as soon as possible after the occurrence of such damage, (iii) that if Lessee's activities on the Site or the Leased Premises result in the need to restore or replace any grass areas, such areas shall be sodded, rather than seeded, and (iv) that it shall be responsible for the full and timely payment of any costs incurred in connection with the repairs described in clauses (i) through (iii) of this sentence. C. If, after the execution of this Lease, Lessee is unable to operate the Base Station due to the action of the F.C.C. or by reason of any law, physical calamity, governmental prohibition or other reasons beyond Lessee's control, this Lease may be terminated by Lessee by giving Lessor thirty (30) days' prior notice of termination, subject to Lessee's restoration obligations under Section 4b hereof. 9. PERMITS AND SITE SPECIFICATIONS: It is understood and agreed by the parties that Lessee's ability to use the Leased Premises is contingent upon its obtaining after execution of this Lease, all of the certificates, permits and - 13 - other approvals that may be required by federal, state or local authorities for Lessee's use of the Leased Premises as set forth in this Lease. Lessee shall use all reasonable efforts promptly to obtain such certificates, permits and approvals, at Lessee's sole expense. Lessor will cooperate reasonably with Lessee at Lessee's sole cost and expense, in its effort to obtain such approvals. In the event any such applications should be finally rejected or any certificate, permit, license or approval issued to Lessee is canceled, expires or lapses, or is otherwise withdrawn or terminated by governmental authority, or soil boring tests are found to be unsatisfactory so that Lessee will be unable to use the Leased Premises for the purposes set forth herein, either Lessee or Lessor shall have the right to terminate this Lease by giving the other party thirty (30) days' prior notification of termination within sixty (60) days after the date of the event which is the basis of termination. Upon such termination, the parties shall have no further obligations for charges and liabilities which accrue after the effective date of termination under this Lease, including the payment of monies, to each other except as otherwise provided herein, but Lessee shall be liable to restore the Leased Premises in accordance with Section 4b. 10. INDEMNIFICATION: Lessee shall defend, with counsel acceptable to Lessor, and indemnify and hold harmless, Lessor from all losses, costs, claims, causes of actions, demands and liabilities arising from (a) any breach by Lessee of any covenant of this Lease; (b) any misrepresentation by Lessee contained in this Lease and /or any breach of any warranty contained in this Lease; and (c) any occurrence, of any kind or nature, arising from (i) Lessee's or any Carrier's construction, installation, maintenance, repair, operation, replacement or removal of the Base Station or any other equipment, or any other activities of Lessee or any Carrier on the Site or the Leased Premises of any kind or nature, (ii) the condition of the Base Station or the Leased Premises and (iii) any personal injury, death, or accident in any way related to Lessee's or any Carrier's use, operation or maintenance of the Leased Premises, the Site, the Base Station, or any equipment or antennas contained therein or on the Monopole or the Leased Premises. Such indemnification shall include the actual, reasonable and documented cost of investigation, all expenses of litigation, and the cost of appeals, including, without limitation, attorneys' fees and court costs, and shall be applicable to Lessee's and each Carrier's activities on the Site and the Leased Premises whether prior to the Commencement Date or after the termination of this Lease. In addition to Lessor, Lessor's City Council members, staff, officers, agents, servants, employees, volunteers, business invitees, customers and guests shall be beneficiaries of Lessee's indemnification. 11. BOOKS AND RECORDS To the extent necessary to determine s compliance with this Lease or to carry out the City's authority to manage its property, shall make available to the City for inspection, examination and /or audit upon reasonable prior notice to , such complete and accurate books of account, records, documents and other information as the City may reasonably need with respect to any sublease, including, without limitation, books of account, records, documents and other information adequate to enable _ to demonstrate, at all times throughout the Term that it is, and has been, in compliance with each term and condition of this Lease. If the inspection, examination and /or audit reveals a MEE discrepancy of greater than 3 %, then in addition to the late charges and penalties due hereunder shall reimburse the City for all reasonable and actual costs associated with the inspection, examination and /or audit. 12. INTERFERENCE: a Lessee agrees to install (and shall cause the Carriers to install) equipment of a type and frequency which will not cause frequency interference with other forms of radio frequency communications existing on Lessor's property as of the date of this Lease (so long as reasonably prevalent). All such equipment shall fully comply with all FCC, FAA, OSHA and other governmental (whether federal, state, or county) rules and regulations. b. In the event Lessee's equipment causes such interference, Lessee agrees it will take all steps necessary, or shall cause all such steps to be made, to correct and eliminate the interference consistent with all government rules and regulations upon receipt of written notification of the interference. Lessee shall be obligated , and shall cause each Carrier, to correct the problem of interference arising from Lessee's equipment within the Base Station within two (2) business days of receipt of written notice from Lessor and if the interference is not corrected within five (5) business days of receipt of notification (or such time as may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days), such Carrier's equipment causing such interference shall be disconnected, turned off or removed from the Leased Premises. C. In the event Lessor's equipment at the Site causes frequency interference, Lessee and Lessor agree to cooperate to take all steps necessary to correct and eliminate the interference consistent with appropriate government rules and regulations upon receipt of written notification of the interference from either party. Lessor shall be obligated to respond to the problem of interference arising from Lessor's equipment at the Site within two (2) business days of receipt of written notice from Lessee. If the interference is not corrected within five (5) business days of receipt of notification (or such time as may reasonably be required with exercise of due diligence provided such repairs are begun within said five (5) business days), then, at Lessor's sole cost and expense, Lessor's equipment causing such interference shall be immediately disconnected, turned off or removed from the Site. Lessee and Lessor understand and agree that in the event its determined that the interference is caused by the unlicensed spectrum being used by Lessor at the time of execution of this Lease, Lessor shall be under no obligation to replace the unlicensed spectrum with a licensed spectrum to correct the interference. 13. DEFAULT: a. Each of the following shall be an event of default by Lessee under this Lease: i. If the rent or any installment thereof shall remain unpaid after it becomes due and payable, and is not paid within five (5) business days after Lessor gives written notice of non - payment; - 15 - ii. If _ abandons the Leased Premises as a whole or abandons the Site for a period of more than twelve (12) consecutive months: If Lessee or its assigns shall fail or neglect to keep and perform any one of the terms of this Lease and such failure or neglect continues for more than thirty (30) days (or such longer period as may be reasonable, provided Lessee is attempting a cure with all due diligence, not to exceed one hundred twenty (120) days plus any period of where cure is prevented by force majeure) after Lessor gives written notice specifying the default; iv. If Lessee files a petition in bankruptcy or insolvency or for reorganization or arrangement under the bankruptcy laws of the United States or under any insolvency act of any state, or is dissolved or makes an assignment for the benefit of creditors, or if involuntary proceedings under any bankruptcy laws or insolvency act or for the dissolution of Lessee are instituted against Lessee, or a receiver or trustee is appointed for all or substantially all of Lessee's property, and the proceeding is not dismissed or the receivership or trusteeship is not vacated within sixty (60) days after institution or appointment. V. If any final judgment or judgments in an aggregate amount (including interest and costs) of more than 5500,000.00 is entered against , and any such judgment or judgments shall not have been paid or otherwise discharged within sixty (60) days after all applicable appeal periods have terminated. b. In the case of' any event of' default, City shall have the right to terminate this Lease upon thirty (30) days notice and shall have any additional rights and remedies that may be available at law or in equity. C. The foregoing no twith stand 1 rig, in the event of any such default by Lessee hereunder, such shall not provide Lessor the right to attach, utilize, distrain upon or otherwise take possession of any equipment located on the Monopole or within a Base Station owned by any Carrier, and such shall at all times be free from any claim by Lessor hereunder. d. If the City obtains a judgment, writ of mandamus, or an injunction to enforce any provision of this Lease, shall pay the City its actual and reasonable cost of litigation, including a reasonable attorney's fee and expert witness fees. e. If Lessor shall fail or neglect to keep and perform each and every one of the covenants, conditions and agreements contained herein, and such failure or neglect is not remedied within thirty (30) days (or such longer period as may reasonably be required to correct the default with exercise of due diligence not to exceed one hundred twenty (120) days plus any period of where cure is prevented by force majeure), after written notice from Lessee specifying the default, then Lessee may pursue any legal remedies available to Lessee, including the right to terminate this Lease. 14. INSURANCE REQUIREMENTS: a. All property of Lessee, its employees, agents, business invitees, licensees, customers, clients, guests or trespassers, including, without limitation, the Carriers, in and on the -16- Leased Premises shall be and remain at the sole risk of such party, and Lessor shall not be liable to them for any damage to, or loss of such personal property arising from any act of God or any persons, nor from any other reason, nor shall Lessor be liable for the interruption or loss to Lessee's business arising from any of the above described acts or causes. Lessor shall not be liable for any personal injury to Lessee, its employees, agents, business invitees, licensees, customers, clients, guests or trespassers, including, without limitation, the Carriers, arising from the use, occupancy and condition of the Leased Premises unless such injury is caused by the gross negligence or willful act on the part of Lessor or its employees. b. During the term, Lessee will maintain a policy of commercial general liability insurance insuring Lessor and Lessee against liability arising out of the use, operation or maintenance of the Leased Premises and the installation, repair, maintenance, operation, replacement and removal of the Base Station. The insurance will be maintained for personal injury and property damage liability, adequate to protect Lessor against liability for injury or death of any person in connection with the use, operation and condition of the Leased Premises, and to insure the performance of Lessee's indemnity set forth in Section 10, in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) per occurrence /aggregate. During the term, Lessee shall also maintain workers' compensation and employers' liability insurance, and such other insurance relating to the installation, repair, maintenance, operation, replacement and removal of the Base Station, and the ownership, use, occupancy or maintenance of the Leased Premises as Lessor may reasonably require. The limits of the insurance will not limit the liability of Lessee. If Lessee fails to maintain the required insurance Lessor may, but does not have to, maintain the insurance at Lessee's expense. The policy shall expressly provide that it is not subject to invalidation of Lessor's interest by reason of any act or omission on the part of Lessee. C. Insurance carried by Lessee will be with companies acceptable to Lessor. Lessee will deliver to Lessor certificate evidencing the existence and amounts of the insurance. No policy shall be cancelable or subject to reduction of coverage or other modification except after sixty (60) days prior written notice to Lessor. Lessee shall, at least sixty (60) days prior to the expiration of the policies, furnish Lessor with renewals or "binders" for the policies, or Lessor may order the required insurance and charge the cost to Lessee. d. Lessee will not knowingly do anything or permit anything to be done or any hazardous condition to exist ( "Increased Risk ") which shall invalidate or cause the cancellation of the insurance policies carried by Lessor or Lessee. If Lessee does or permits any Increased Risk which directly causes an increase in the cost of insurance policies, then Lessee shall reimburse Lessor for additional premiums directly attributable to any act, omission or operation of Lessee causing the increase in the premiums. Payment of additional premiums will not excuse Lessee from termination or removing the Increased Risk unless Lessor agrees in writing. Absent agreement, Lessee shall promptly terminate or remove the Increased Risk. e. Lessor shall be named as an "additional insured" on Lessee's liability policies. f. Notwithstanding any provisions herein to the contrary, Lessee waives all rights to recover against Lessor for any loss or damage arising from any cause covered by any insurance required to be carried by Lessee pursuant to this Section 14, or any other insurance actually -17- carried by Lessee. Lessee will request its insurers to issue appropriate waiver of subrogation rights endorsements to all policies of insurance carried in connection with the Leased Premises. g. If an "ACCORD" Insurance Certificate form is used by Lessee's insurance agent, the words, "endeavor to" and "...but failure to mail such notice shall impose no obligation or liability of any kind upon the company" in the "Cancellation" paragraph of the form shall be deleted or crossed out. h. All insurance required by this Section 14 shall be written by insurers, in such forms, and shall contain such terms, as Lessor may reasonably require. paid by Any deductible or self - insured retention applicable to required coverages shall be and the City shall not be required to participate therewith. j. The insurance required of herein shall be primary, and any insurance or self - insurance maintained by the City shall be in excess of the insurance required of and shall not contribute therewith. k. 's liability to the City shall not be limited to the amounts of the insurance coverage provided herein. 1. Notwithstanding any of the other provisions of this Lease, is failure to maintain the required insurance coverage throughout the term of this Lease is grounds for the immediate termination of this Lease without prior notice, M. Nothing contained herein shall effect, or shall be deemed to affect, a waiver of the City's sovereign immunity under law. 15. HAZARDOUS MATERIALS: a. Neither Lessee nor any Carrier shall cause or permit any hazardous or toxic wastes, substances or materials (collectively, "Hazardous Materials ") to be used, generated, stored or disposed of on, under or about, or transported to or from, the Leased Premises (collectively "Hazardous Materials Activities ") without first receiving Lessor's written consent, which may be withheld for any reason whatsoever and which may be revoked at any time, and then only in compliance (which shall be at Lessee's sole cost and expense) with all applicable legal requirements and using all necessary and appropriate precautions. Lessee shall indemnify, defend with counsel acceptable to Lessor and hold Lessor harmless from and against any claims, damages, costs and liabilities, including court costs and legal fees, arising out of Lessee's or Carrier's Hazardous Materials Activities on, under or about the Leased Premises, regardless of whether or not Lessor has knowledge of Lessee's Hazardous Materials Activities. For the purposes of this Lease, Hazardous Materials shall include but not be limited to oil, radioactive materials, PCBs, and substances defined as "hazardous substances" or "toxic substances" in the Comprehensive Environmental Response. Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601 et_._se�c :; Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et sec..; and Resources Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et sea., and those -18- substances defined as "hazardous wastes" in the regulations adopted and publications promulgated pursuant to said laws. Subject to the foregoing provisions of this Section, shall, prior to the Commencement Date, submit to City for City's review and approval, a list of Hazardous' Materials Activities, including types and quantities, which list to the extent approved by City shall be attached hereto as Exhibit C. Prior to conducting any other Hazardous Materials Activities, Lessee shall update such list as necessary for continued accuracy. Lessee shall also provide Lessor with a copy of any Hazardous Materials inventory statement required by any applicable legal requirements. If Lessee's activities violate or create a risk of violation of any legal requirements, Lessee shall cease such activities immediately upon notice from Lessor. Lessor, Lessor's representatives and employees may enter the Leased Premises at any time during the term to inspect Lessee's compliance herewith, and may disclose any violation of legal requirements to any governmental agency with jurisdiction. The provisions of this Section 15 shall survive termination or expiration of the term of this Lease. b. Lessor acknowledges that Lessee's or the Carriers' equipment cabinets may contain batteries and fuel tanks for back -up power, other sealed batteries, petroleum fuels, engine oil, antifreeze, LIVAC refrigerants, fire suppression devices, fluorescent lighting, electrical equipment components and that, provided Lessee's or such Carrier's use of same is in compliance with this provision, the presence of such batteries or fuel tanks and other items does not violate this provision and shall not require any further consent from Lessor if such batteries or fuel tanks and other items comply with all laws, regulations and ordinances relating to Hazardous Materials. C. Lessee will immediately notify Lessor and provide copies upon receipt of all written complaints, claims, citations, demands, inquiries, reports, or notices relating to the condition of the Leased Premises or compliance with environmental laws. Lessee shall promptly cure and have dismissed with prejudice any of those actions and proceedings to the satisfaction of Lessor. Lessee will keep the Leased Premises free of any lien imposed pursuant to any environmental laws. d. Lessor shall have the right at all reasonable times and from time to time to conduct environmental audits of the Leased Premises, and Lessee shall cooperate in the conduct of those audits. The audits may be conducted by Lessor or a consultant of Lessor's choosing, and if any Hazardous Materials generated, stored, transported or released by Lessee are detected or if a violation of any of the representations or covenants in this Section 15 is discovered, the fees and expenses of such consultant will be borne by Lessee. e. If Lessee fails to comply with any of the foregoing representations and covenants, Lessor may cause the removal (or other cleanup acceptable to Lessor) of any Hazardous Materials from the Leased Premises. The costs of removing Hazardous Materials and any other cleanup (including transportation and storage costs) shall be reimbursed by Lessee promptly after Lessor's demand and will be additional rent under this Lease. Lessee will give Lessor access to the Leased Premises to remove or otherwise clean up any Hazardous Materials. Lessor, however, has no affirmative obligation to remove or otherwise clean -up any Hazardous Materials, and this Lease will not be construed as creating any such obligation. -19- f. Notwithstanding the foregoing, Lessor represents and warrants that to the best of its knowledge and belief there are no Hazardous Materials on, in or under the Site. Lessor covenants not to bring onto the Site any Hazardous Materials. 16. NO PARTNERSHIP: Nothing contained in this Lease shall be deemed or construed to create a partnership or joint venture of or between Lessor and Lessee, or to create any other relationship between the parties hereto other than that of lessor and lessee. 17. NOTICES: All notices, payments, demands and requests hereunder shall be in writing and shall be deemed to have been properly given three (3) days after the date when mailed by the United States Postal Service by First Class, Registered or Certified Mail, postage prepaid, or upon receipt when delivered by nationally recognized overnight courier or hand delivery, and addressed to Lessor as follows: City of Roanoke, with a copy, which will not constitute ATTN: City Manager notice to: 364 Noel C. Taylor Municipal Building ATTN: City Attorney 215 Church Avenue, S.W. 464 Noel C. Taylor Municipal Building Roanoke, Virginia 24011 215 Church Avenue, S.W. Fax No. 540 -853 -2333 Roanoke, Virginia 24011 and to Lessee as follows: with a copy, which will not constitute notice to: or to such other addresses as either of the parties may designate from time to time by giving written notice as herein required. 18. ASSIGNMENT OR SUBLETTING; FINANCING: a. Lessee may assign this Lease, without Lessor's consent, to any corporation, partnership or other entity which (i) is controlled by, controlling or under common control with Lessee; (ii) shall merge or consolidate with or into Lessee; (iii) shall succeed to all or substantially all the assets, property and business of Lessee; (iv) in which or or a wholly owned affiliate of . or . is at all times the general partner, managing member or majority shareholder; or (v) has an adjusted net worth -20- (determined in accordance with generally accepted accounting principles consistently applied) of at least $100,000,000. Any assignment as a result of a merger or consolidation under paragraphs (i), (ii), (iii) and (iv) above, must be to an entity into which — is merged or consolidated and such entity shall have a tangible net worth equal to or greater than as of the date of this Lease and such entity shall be fully bound by the all of the terms and conditions of this Lease. In the event of such an assignment or sublease, Lessee shall provide to Lessor at least sixty (60) days before the proposed transfer (a) the name and address of the assignee and (b) a document executed by the assignee by which it acknowledges the assignment and assumption of all of Lessee's obligations hereunder and (c) such other information regarding the proposed assignee as shall be reasonably requested by City. Lessee may also, without Lessor's consent, sublease or license portions of space on the Monopole and within the Base Station to Carriers in accordance with and subject to the terms and conditions of Section 18c hereof. Any assignee shall each be fully and primarily liable for the obligations of 44 " hereunder. b. Lessee may, without Lessor's prior consent, sublease or license space on the Monopole or within the Compound to Carriers under and subject to the terms of this Section 18. Specifically, Lessee shall be entitled to sublease or license space on the Monopole or in the Compound without Lessor's prior approval provided that (a) the Carrier Sublease shall be in a form utilized by Lessee in the ordinary course of Lessee's business, (b) the sublessee is an Approved Carrier (as defined below), (c) no event of default exists hereunder, (d) the term of the Carrier Sublease does not exceed the term of this Lease and (e) submits an engineering report to City definitively showing that the Monopole is capable of supporting the proposed Carrier. Otherwise, any lease, sublease, license or other occupancy agreement with respect to any Site shall be in form approved by Lessor, which approval may be given or withheld in Lessor's sole and absolute discretion. As used herein, the term "Approved Carrier" shall mean a telecommunications service provider licensed by the F.C.C. and any other governmental agencies for which approval is needed to conduct such company's business. C. The termination of this Lease shall automatically terminate all Carrier Subleases that are applicable to same Site. d. Lessee shall cause the Carriers to comply with, and not violate, the terms and conditions of this Lease. Lessee shall enforce all of the terms and provisions of any Carrier subleases, licenses or other similar documents (each, a "Carrier Sublease "). Without limiting the generality of the foregoing, Lessee shall exercise any or all of its rights and remedies under the Carrier Subleases immediately if requested to do so by Lessor. Lessee shall, at its sole cost and expense, perform all obligations of the landlord under the Carrier Subleases. Lessor shall have no liability whatsoever under the Carrier Subleases. e. Lessee shall have the right to finance the Monopole and Base Station on the terms and conditions as are set forth on Exhibit D attached hereto; provided that this Lease shall be prior to, and shall have priority over, all deeds of trust, liens, or encumbrances granted or suffered by , and its successors and assigns. -21- 19. ACCESS AND INSPECTIONS: Lessor shall have full access to the Leased Premises and the Base Station for operating, repairing, removing, installing and otherwise working with communications equipment owned by Lessor or any third party permitted to use the Base Station pursuant to this Lease with the exception of Lessee's or Carriers' equipment and antennas. In addition, Lessee shall allow Lessor, upon prior notification to Lessee and with an escort by an agent of Lessee or without notice in the event of any emergency, to enter the Leased Premises or any part thereof at any reasonable time and in a manner so as not to interfere more than reasonably necessary with Lessee's use of the Base Station, for the purpose of inspecting the Leased Premises. In the event of an emergency whereby Lessor enters the Leased Premises, Lessor shall give notice to Lessee of such entry immediately following such emergency. Lessee shall at all times provide Lessor copies of all keys needed to unlock all of the gates and locks to the fences to the Compound or in the Leased Premises. 20. QUIET ENJOYMENT: Lessee shall be entitled to use and occupy the Leased Premises during the term hereof for the purposes herein permitted and subject to the terms and conditions herein contained, without molestation or interference by Lessor. City may, however, without the requirement for payment of any compensation to , lease one (1) platform on the Monopole in accordance with Section 3.c of this Lease, 21. DAMAGE AND DESTRUCTION: a. If the Leased Premises or the Base Station are damaged or destroyed by reason of fire or any other cause, or if damage to the Leased Premises or the Base Station causes damage to portions of the Site or other property of Lessor, Lessee will immediately notify Lessor and will promptly repair or rebuild the Base Station, incidental improvements, and other damage to Lessor's property to its condition immediately prior to such damage, at Lessee's expense. b. Monthly rent and additional rent will not abate pending the repairs or rebuilding except to the extent to which Lessor receives a net sum as proceeds of any rental insurance, or continues to receive income from Carrier Subleases. C. If at any time the Leased Premises or Base Station are so damaged by fire or otherwise that the cost of restoration exceeds fifty percent (50 %) of the replacement value of the Base Station immediately prior to the damage, Lessee may, within thirty (30) days after such damage, give notice of its election to terminate this Lease and, subject to the further provisions of this Section 21, this Lease will cease on the tenth (10th) day after the delivery of that notice. Monthly rent will be apportioned and paid to the time of termination. If this Lease is so terminated, Lessee will have no obligation to repair or rebuild. Notwithstanding the foregoing, if Lessee elects to terminate this Lease, Lessee shall be required to comply with the provisions of Section 4b with respect removing and dismantling each component of the Base Station and returning the Leased Premises to the condition stated in such section. -22- 22. CONDEMNATION: If all or any part of the Leased Premises is taken by eminent domain or sale in lieu thereof, and if said taking or sale renders the Leased Premises unusable for its intended purpose hereunder, then, at Lessor's or Lessee's option, this Lease may be terminated upon sixty (60) days prior written notice to the other party and there will be no further payment of rents for the Site except that which may have been due and payable at the time of said taking or sale. In the event of a partial taking or sale of the Site and Lessee, subject to mutual agreement with Lessor, wishes to maintain its operation, Lessee may continue to use and occupy the Compound and Leased Premises under the terms and conditions hereunder, provided Lessor's and Lessee's obligations under this Lease are not otherwise altered, and provided Lessee, at its sole cost, restores so much of the Base Station and Leased Premises as remains to a condition substantially suitable for the purposes for which it was used immediately before the taking. Upon the completion of restoration, Lessor shall pay Lessee the lesser of the net award made to Lessor on account of the taking (after deducting from the total award attorneys', appraisers', and other costs incurred in connection with obtaining the award), or L gsee's actual out -of- pocket cost of restoring the Leased Premises, and Lessor shall keep the balance of the net award. In connection with any taking subject to this Section, Lessee may prosecute its own claim, by separate proceedings against the condemning authority for damages legally due to it (such as the loss of fixtures which Lessee was entitled to remove and moving expenses) only so long as Lessee's award does not diminish or otherwise adversely affect Lessor's award. 23. SALE OF SITE: Any sale by Lessor of all or part of the Leased Premises to a purchaser other than Lessee shall be under and subject to this Lease and Lessee's right hereunder. Lessor shall be released from its obligations under this Lease in the event of a sale and the assignee assumes Lessor's obligations hereunder (including the recognition of Lessee's rights hereunder 24. GOVERNING LAW: The execution, performance and enforcement of this Lease shall be governed by the laws of Commonwealth of Virginia without application of conflicts of law principles. Any legal action or proceeding with respect to this Lease or any document related hereto or thereto shall be brought in the courts of the State of Virginia in the City of Roanoke and in no other courts. 25. MISCELLANEOUS: This Lease plus the Exhibits hereto contain the entire agreement between the parties and may not be amended, altered or otherwise changed except by a subsequent writing signed by the parties to this Lease. The invalidation of any one of the terms or provisions of this Lease by judgment or court order shall in no way affect any of the other terms of this Lease which shall remain in full force and effect. Lessor and Lessee agree to execute any additional documents _23_ necessary to further implement the purposes and intent of this Lease. Time is of the essence with respect to each provision of this Lease. The headings contained in this Lease are to facilitate reference only, do not forin a part of this Lease, and shall not in any way affect the construction or interpretation hereof. Terms such as `hereby,'' "herein," "hereof," "hereinafter," "hereunder," and "hereto" refer to this Lease as a whole and not to the particular sentence or paragraph where they appear, unless the context otherwise requires. The term "may" is permissive: the terms "shall" and "will" are mandatory, not merely directive. All references to any gender shall be deemed to include all others, as the context may require. Terms used in the plural include the singular, and vice versa, unless the context otherwise requires. Nothing in this Lease is intended to interfere with any tariffs, contracts or other arrangements between the _ _ and a third party or between the City and a third party, or to create any third party beneficiary rights. 26. BINDING EFFECT: This Lease shall bind and inure to the benefit of the parties hereto and their respective successors and permitted assigns. 27. LESSOR'S RIGHT TO PERFORM: If Lessee fails to perform any obligations under this Lease, Lessor shall be entitled_ but shall not be obligated, to perform any or all of such obligations and any cost of performing same shall be payable by Lessee to Lessor upon written demand as additional rent hereunder. Any amounts so incurred by Lessor and not repaid by Lessee within ten days after demand shall bear interest at a rate of ten percent (10 %) per annum. 28. Not Used. 29. ESTOPPEL CERTIFICATES: Within no more than four weeks after written request by either party, the other will execute, acknowledge, and deliver a certificate stating: a. that the Lease is unmodified and in full force and effect, or, if this Lease is modified, the way in which it is modified accompanied by a copy of the modification agreement; b. the date to which rental and other sums payable under this Lease have been paid; C. that no notice has been received of any default which has not been cured, or, if the default has not been cured, what such party intends to do in order to effect the cure, and when it will do so; (if from Lessee) that Lessee has accepted and occupied the Leased Premises; e. (if from Lessee) that Lessee has no claim or offset against Lessor, or, if it does, stating the date of the assignment and assignee (if known to Lessee): and -24- other factual matters as may be reasonably requested. Any certificate may be relied upon by any prospective purchaser, lender or other person with a bona fide interest in the Leased Premises. 30. NO WAIVER: No waiver of any condition or agreement in this Lease by either Lessor or Lessee will imply or constitute a further waiver by such party of the same or any other condition or agreement. No act or thing done by Lessor during the term of this Lease will be deemed an acceptance of surrender of the Leased Premises, and no agreement to accept the surrender will be valid unless in writing signed by Lessor. The delivery of Lessee's keys to Lessor will not constitute a termination of this Lease unless Lessor has entered into a written agreement to that effect. No payment by Lessee, or receipt from Lessor, of a lesser amount than the rent or other charges stipulated in this Lease will be deemed to be anything other than a payment on account of the earliest stipulated rent. No endorsement or statement on any check or any letter accompanying any check or payment as rent will be deemed an accord and satisfaction. Lessor will accept the check for payment without prejudice to Lessor's right to recover the balance of the rent or to pursue any other remedy available to Lessor. 31. AUTHORITY: Each of the persons executing this Lease on behalf of Lessee warrants to Lessor that Lessee is a duly organized and existing limited partnership under Delaware law, that Lessee is authorized to do business in the Commonwealth of Virginia, that Lessee has full right and authority to enter into this Lease, and that each and every person signing on behalf of Lessee is authorized to do so. Upon Lessor's request, Lessee will provide evidence satisfactory to Lessor confirming these representations. Lessor and the person executing and delivering this Lease on Lessor's behalf each represents and warrants to Lessee that such person is duly authorized to so act and has the power and authority to enter into this Lease; and that all action required to authorize Lessor and such person to enter into this Lease has been duly taken. 32. LIMITED LIABILITY: Lessee's sole recourse against Lessor, and any successor to the interest of Lessor in the Leased Premises, is to the interest of Lessor, and any successor, in the Leased Premises. Lessee will not have any right to satisfy any judgment which it may have against Lessor, or any successor, from any other assets of Lessor, or any successor, or from any of Lessor's City Council members, staff, officers, agents, servants, employees, volunteers, business invitees, customers, or guests. In no event shall Lessor be liable for consequential or punitive damages, economic losses or losses derived from future expected revenues. The provisions of this Section 33 are not intended to limit Lessee's right to seek injunctive relief or specific performance. 25 - 33. RECORDATION: Lessee may record, at Lessee's expense, a memorandum or short form hereof in the form attached hereto as Exhibit E. 34. CONFLICTS: In the event of any conflict between the terms and provisions of this Lease and any other prior agreement between the parties, this Lease shall control. 35. ENTIRE AGREEMENT This Lease plus the Exhibits hereto contain the entire agreement between the parties and may not be amended, altered or otherwise changed except by a subsequent writing signed by the parties to this Lease. 36. COMPLIANCE WITH APPLICABLF,, LAW shall at all times comply with all applicable federal, state, and local laws, ordinances, and regulations, including but not limited to the Communications Act. 37. PERMITS including its contractors and consultants, prior to any construction or work will obtain all appropriate permits therefor, including any application and permit for right - of -way excavation if any streets will be disturbed. 38. COSTS agrees to promptly reimburse City for the costs for any advertisement of required public hearing( s) related to this Lease Agreement, including the consideration of City Council of the vacation of a portion of 1~allon Park. Pursuant to the laws of the Commonwealth of Virginia, the City must advertise notice of a public hearing before Roanoke City Council twice in a newspaper of general circulation within Roanoke City. [Signatures contained on following page.] -26- IN WITNESS WHEREOF, the parties hereto executed this Lease in two parts on the dates indicated. LESSOR: City of Roanoke,, Virginia By: Robert S. Cowell, Jr., City Manager Date: COMMONWEALTH OF VIRGINIA ' ' To -wit: CITY /COUNTY OF The foregoing instrument was acknowledged before me this _day of _, by My Commission expires: Notary Public SEAL Approved as to Form: Approved as to Execution: Assistant City Attorney Authorized by Ordinance No. Assistant City Attorney [Signatures continue on following page.] WOR LESSEE: By: Date: COMMONWEALTH OF VIRGINIA ' To -wit: CITY /COUNTY OF The foregoing instrument was acknowledged before me this _day of by My Commission expires: Notary Public -28- SEAL DRAFT August 6, 2018 EXHIBIT A Description of Site a m w DRAFT Aueust 6. 2018 EXHIBIT A -1 Monopole Location; Description of Leased Premises r Q �"' m W DRAFT August 6, 2018 EXHIBIT B Easements [To be determined.I EXHIBIT C Hazardous Materials • Lead acid batteries • Diesel or propane emergency power generator(s) with fuel tank(s) • Sealed batteries • Petroleum fuels • Engine oil • Antitreeze • HVAC refrigerants • Fire suppression devices • Fluorescent lighting • Electrical equipment components 1) RAFT August 6, 2018 EXHIBIT D Mortgagee Provisions Equipment Financing. Lessor acknowledges that Lessee may in the future enter into a financing arrangement including promissory notes and financial and security agreements for the financing of the Monopole and Base Station and that Lessee's tenants, lessees or licensees may have entered into (or may in the future enter into) such financing arrangements for the financing of their equipment installed as part of the Base Station (collectively. the "Collateral" ); provided that this Lease shall be prior to, and shall have priority over, all deeds of trust, liens, or encumbrances granted or suffered by , and its successors and assigns. In connection therewith, Lessor (i) consents to the installation of the Collateral (subject to the terms and provisions of the Lease); and (ii) disclaims any interest in the Collateral, as fixtures or otherwise. Leasehold Financing. Notwithstanding anything to the contrary contained in this Lease, at any time and from time to time Lessee may mortgage, pledge and encumber its interests in this Lease and in any subleases, and assign this Lease and any subleases, licenses and other occupancy and use agreements as collateral security for such mortgage(s). The making of a leasehold mortgage (or any other such assignment, pledge or encumbrance) shall not be deemed to constitute a prohibited assignment of this Lease, or of the leasehold estate hereby created, nor cause the holder of the leasehold mortgage (a "Mortgagee ") to be deemed an assignee of this Lease. Such Mortgagee (or its nominee) shall be deemed an assignee of this Lease only at such time it succeeds to Lessee's interest in this Lease by foreclosure of any leasehold mortgage, or assignment in lieu of the foreclosure, or if it exercises or attempts to exercise any rights or privileges of Lessee under the Lease. Upon such succession such Mortgagee (or nominee) shall be bound by the terms of this Lease. Notwithstanding the foregoing, Mortgagee or such successors shalt be liable for all rent due under the Lease, and for curing any breaches or defaults which continue after the Mortgagee or such successor acquire Lessee's interest in this Lease. Notwithstanding anything to the contrary contained in this Lease, any Mortgagee (or other person or entity) that succeeds to Lessee's interest in this Lease by way of foreclosure, assignment in lieu of foreclosure or the exercise of any other remedies relating to the enforcement of any leasehold mortgage may assign this Lease to any telecommunications company with assets in excess of One Hundred Million Dollars ($100,000,000) and upon such assignment, such assignor shall be bound by the terms of this Lease. When used in this Lease, mortgage" shall include whatever security instruments are used in the locality of the Premises, such as, without limitation, mortgages, deeds of trust, security deeds, and conditional deeds, as well as financing statements, security agreements, and other documentation required pursuant to the Uniform Commercial Code or successor or similar legislation. If a Mortgagee shall send to Lessor and its counsel a true copy of the leasehold mortgage, together with written notice specifying the name and address of the Mortgagee and the pertinent recording data with respect to such leasehold mortgage, Lessor agrees that the following provisions shall apply to such mortgage so long as the leasehold mortgage has not been released by the Mortgagee: No Modification/No Merger. There shall be no cancellation, surrender or modification of this Lease by Lessor and Lessee without the prior consent in writing of each Mortgagee. If the leasehold interest under this Lease shall ever be held by the same person or party who then holds the reversionary interest under this Lease, no merger shall result therefrom and both the leasehold and reversionary interests shall continue. Notice /Cure. Lessor shall, upon serving Lessee with any notice of default or other notice provided for in this Lease, simultaneously serve a copy of such notice upon the Mortgagee and no such notice to Lessee shall be effective unless a copy of such notice is so served on the Mortgagee. Upon receipt of such notice the Mortgagee shall have the same period, after and commencing upon receipt of such notice, to elect (in its sole discretion) to remedy or cause to be remedied the defaults complained of, and Lessor shall accept such performance as if the same had been done by Lessee. Termination. Upon any termination of this Lease, at the election of the Mortgagee, Lessor will promptly enter into a new lease of the Premises with such Mortgagee or its nominee for the remainder of the term of the Lease, effective as of the date of such termination at the rent and upon the terms, provisions, covenants, and agreements as herein contained, provided: Such Mortgagee(s) or its nominee(s) shall make written request upon Lessor for such new lease within thirty (30) days after the date of such tenmination; Such Mortgagee(s) or its nominee(s) pay to Lessor at the time of the execution and delivery of such new lease any sums that would at the time of the execution and delivery thereof be due pursuant to this Lease but for such default or termination (e.g., excluding all, if any, accelerated rent), less one -half (1/2) of the net income collected and retained by Lessor subsequent to the date of termination of this Lease and prior to the execution and delivery of the new lease; and Upon the execution and delivery of such new lease, all subleases, licenses and other occupancy and use agreements that theretofore may have been assigned and transferred to Lessor shall thereupon be assigned and transferred by Lessor to the Mortgagee or its nominee, and assumed by the Mortgagee or nominee, and such party shall indemnify and hold Lessor harmless from and against any further liability thereunder. Lessor hereby agrees that, with respect to any such sublease so assigned, Lessor will not modify or amend any of the terms or provisions thereof, during the period between the expiration or termination of this Lease and the execution and delivery of a new lease. Application of Certain Proceeds. The Mortgagee may reserve the right to apply to the mortgage debt all or any part of Lessee's share of the proceeds from any insurance policies or arising from a condemnation. DRAFT August 6, 2018 EXHIBIT E Memorandum of Lease MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE is entered into as of the day of 20, by and between a ( "Lessee "), and a RECITALS: ("Lessor ") A. Lessor and Lessee are parties to a Site Lease Agreement, dated 2018 (the "Lease "), pursuant to which Lessor has leased to Lessee certain real property in the City of Roanoke, Virginia described in Exhibit "A" attached hereto. B. Lessor and Lessee wish to enter into this Memorandum of Lease. NOW, THEREFORE, in consideration of the premises, the sum of Five Dollars ($5.00) and other good and valuable consideration. the receipt and sufficiency of which is hereby acknowledged, Lessor and Lessee hereby agree as follows: 1. The name of the lessor under the Lease is the City of Roanoke, Virginia, a body corporate and politic. 2. The name of the lessee under the Lease is 3. The address of Lessor, as stated in the Lease, is , Attn: The address of Lessee, as stated in the Lease, is 4. The ]eased premises, as described in the Lease, consists of a portion of the property owned by Lessor located at 502 19" Street SE, Roanoke, VA 24013 and as more particularly described on the attached Exhibit A. 5. The term of the Lease is ten (10) years. The date of commencement of the term of the Lease was 2018, and the date of termination of the term of the Lease is ten (10) years thereafter, subject to any applicable renewal period. 6. Provided Lessee is not in default under the Lease beyond any applicable cure period. Lessee may renew the Lease for four (4) five -year renewal periods, to commence at the end of the initial term of the Lease. Accordingly, the latest date to which the term of the Lease may be extended is (Signatures continue on the following 2 pages) IN WITNESS WHEREOF, the undersigned LESSEE has duly executed this Memorandum of Lease under seal as of the first date stated above. ATTEST: By:_ Date: COMMONWEALTH OF VIRGINIA ) } TO WIT: COUNTY OF I hereby certify that on this day of --C 2018, before me, a Notary Public for the state and county aforesaid, personally appeared _ _, known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he executed the foregoing instrument, acting in his capacity as of . for the purposes therein set forth. Notary Public My Commission l"Apires: IN WITNESS WHEREOF, the undersigned LESSOR has duly executed this Memorandum of Lease under seal as of the first date stated above. ATTEST: ,a By: Name: Title: COMMONWEALTH OF VIRGINIA ) TO WIT: COUNTY OF t 1 hereby certify that on this day of 20 before me, a Notary Public - - -- - - -- - - -- for the state and county aforesaid, personally appeared _ known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing instrument, and acknowledged that he executed the foregoing instrument, acting in his capacity as of for the purposes therein set forth. Notary Public My Commission Expires: DRAFT August 6, 2018 Exhibit A to Memorandum of lease (Legal Description) 179682649%7 �yu IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 20th day of August, 2018. No. 41233 - 082018. AN ORDINANCE accepting a bid for a lease to install, operate, and maintain a Wireless Telecommunications Facility in a portion of Preston Park in the City, upon certain terms and conditions, for up to a thirty five year term; authorizing the execution of a Lease Agreement by the City Manager; authorizing the City Manager to take such further actions and execute such other documents as may be necessary to implement, administer, and enforce the Lease Agreement; establishing an effective date; and dispensing with the second reading of this Ordinance by title. WHEREAS, by public notice published in The Roanoke Times pursuant to Sections 15.2- 2100 and 15.2 -2101, Code of Virginia (1950), as amended, City Council has invited bids for a lease to install, operate, and maintain a Wireless Telecommunications Facility in an approximately 0.062 acre (2,736 square feet) portion of Preston Park, Official Tax Map No. 2100601, located at 3137 Preston Ave NW, Roanoke, VA 24012, upon certain property of the City for a term up to thirty five years; WHEREAS, the written bid of Milestone Tower Limited Partnership - IV, was delivered to the presiding officer of City Council in open session of the Council at 2:00 p.m. on August 20, 2018; WHEREAS, such bid was referred to the City Manager for evaluation and negotiation with Milestone Tower Limited Partnership - IV as to the final terms and conditions of a Lease Agreement; WHEREAS, Milestone Tower Limited Partnership - IV has agreed to enter into a Lease Agreement, a copy of such Lease Agreement is attached to the City Council Agenda Report dated August 20, 2018, and the City Manager recommends that City Council accept the bid of Milestone Tower Limited Partnership - IV, such recommendation being fully set forth in the City Council Agenda Report dated August 20, 2018; WHEREAS, after proper and timely notice by advertisement as required by the Code of Virginia, City Council held a public hearing on this matter at its regular meeting on August 20, 2018, at which public hearing all parties in interest and other persons were given an opportunity to be heard, both for and against the proposed Lease Agreement; and WHEREAS, after closing the public hearing, City Council believes that granting a lease to Milestone Tower Limited Partnership - IV will benefit the City and its citizens. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Milestone Tower Limited Partnership - IV for a lease to install, operate, and maintain a Wireless Telecommunications Facility upon certain public property of the City, such bid being on file in the Office of the City Clerk and attached to the City Council Agenda Report dated August 20, 2018, is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a Lease Agreement, effective August 30, 2018, a copy of which is on file in the Office of the City Clerk and is also attached to the City Council Agenda Report dated August 20, 2018, and such Lease Agreement shall be in such form as is approved by the City Attorney. 3. The City Manager is further authorized to take such further actions and to execute such other documents as may be necessary to implement, administer, and enforce the Lease 2 Agreement, including, without limitation, acceptance of a cash bond in an amount as determined by the City Manager as required pursuant to Section 15.2 -2104, Code of Virginia (1950), as amended. 4. This Ordinance is effective as of the date of its passage. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. ATTEST: Clefvtk1 City Clerk. 3 CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 20, 2018 Subject: Award to Milestone Tower Limited Partnership - IV of a Lease Agreement to Lease from the City an 0.062 - acre Portion of Official Tax Map No. 2100601, located at 3137 Preston Avenue, N.W. Background: The City of Roanoke is proposing to lease for the construction, maintenance and operation of a wireless telecommunications facility and related ancillary and accessory equipment, approximately 0.062 acres (2,736 Square Feet) of city -owned property located in Preston Park (Property). The Property subject to the proposed lease is located at 3137 Preston Avenue, N.W., being a portion of Official Tax Map No. 2100601. The maximum term of such lease would be thirty -five (35) years. Because of the term of the lease proposed, the Code of Virginia requires that the proposed lease be advertised for bidding by the public, and a public hearing held before such lease can be authorized by City Council. Therefore, pursuant to Sections 15.2-2100 and 1 5.2 -2101 , Code of Virginia (1950), as amended, the City is required to give public notice, conduct a public hearing, and adopt an ordinance by City Council. On duly 16, 2018, City Council authorized advertising for bids and scheduling a public hearing to consider a lease of the above - referenced property for construction, maintenance, and operation of a wireless telecommunications facility. The proposed lease agreement and related bid forms were made available for public information on Monday, August 6, 2018. The required legal advertisements were placed in the Roanoke Times on August 6, 2018 and August 13, 2018. The deadline for submittal of bids to the City Clerk from interested parties was set for Monday, August 20, 2018 at 12:00 noon. A single written bid, being the only one received, was opened and read earlier today at the 2:00 p.m. City Council session pursuant to Section 15.2-2102 Code of Virginia (1950), as amended. Milestone Tower Limited Partnership - IV submitted a bid consistent with all proposed terms of the lease agreement advertised with the bid invitation. The matter was referred to the City Manager for review, evaluation, and recommendation. A copy of the proposed lease agreement, with exhibits (cited hereafter as the "Lease Agreement "), is attached to this report. Considerations: Under the proposed Lease Agreement, Milestone Tower Limited Partnership - IV (Milestone) would lease the Property for an initial term of ten (10) years, with up to five (5) five -year extension terms for a maximum term of 35 years. Milestone will pay a monthly lease rate equal to forty percent (40 %) of Gross Revenues it derives from the use and occupancy of the Property and platforms on the installed telecommunications facility (Monopole and Base Station). The minimum monthly rent to be paid to the City shall be $1,000.00. In addition to the monthly rent, Milestone will pay to the City a one -time Site Fee of $25,000.00 payable at the time construction begins on the Property. In addition, Milestone will pay the City a one -time Collocation Fee of $5,000.00 each time a telecommunications carrier is added to the Monopole subsequent to the initial carrier installation. All amounts paid as monthly rent or as Site or Collocation Fees to the City during the term of this Lease Agreement will be dedicated to public park operation, equipment, or maintenance purposes. To ensure proper removal of the Monopole and Base Station from the Property at the end of Milestone's use of the Property or the Lease Term, a $20,000.00 Security Deposit will be furnished to the City prior to construction beginning of the Property. During the term of the Lease, the Security Deposit will be held by the City in an interest bearing escrow account, and returned to Milestone upon the terms and conditions outlined in the Lease Agreement. The City, or any other governmental agency that the City is a member of, shall be permitted to lease, without any compensation to Milestone, one (1) platform on the Monopole and a location on the Property for a Base Station, under certain terms and conditions as outlined in the Lease Agreement. The bid submitted by Milestone was fully responsive to the invitation. Milestone has provided sufficient evidence of its ability to undertake the obligations contained in the Lease Agreement given its extensive experience in the construction and maintenance of such telecommunication facilities on public property in numerous localities in Virginia and the Mid - Atlantic region. Milestone has also undertaken community meetings related to this proposal and obtained a Special Exception from the Roanoke Board of Zoning Appeals on July 11, 2018 for the construction and installation of their proposed telecommunications facility. After proper and timely notice as required by the Code of Virginia, Council held a public hearing on this matter at its 7:00 p.m. session on August 20, 2018, at which public hearing all parties in interest and persons were given the opportunity to be heard, both for and against the proposed Lease Agreement. The City Manager recommends that the Council find that the bid of Milestone Tower Limited Partnership - IV on this matter is from a responsible bidder and 2 is responsive. The City Manager further recommends that Council accept such bid and approve the execution of the proposed Lease Agreement. Recommended Action: Accept the bid and award the lease to Milestone Tower Limited Partnership - IV. Approve the Terms of the lease between the City of Roanoke and Milestone Tower Limited Partnership - IV as set forth in the proposed Lease Agreement attached to this report. Authorize the City Manager to execute the Lease Agreement between the City and Milestone Tower Limited Partnership - IV, similar to the proposed Lease Agreement attached to this report and approved as to form by the City Attorney, and to enforce any and all terms and conditions of such Lease Agreement. Authorize the City Manager to take such further actions and to execute such further documents, approved as to form by the City Attorney, as may be necessary to implement, administer, and enforce the Lease Agreement and to accomplish the above matters and complete the lease of the Property described in the proposed Lease Agreement. - - - - - -- -- -------- - - - - -- Robert S. Cowell, ,Jr. City Manager Attachment Distribution: Council Appointed Officers R. Brian Townsend, Assistant City Manager for Community Development Amelia C. Merchant, Director of Finance Michael Clark, Director, Parks and Recreation 3 The Roanoke Times Roanoke, Virginia Affidavit of Publication SHERMAN M STOVALL ASSISTANT CITY MGR C/O R. Brian Townsend. Assistant City Manager for Community Development 215 CHURCH AVE SW ROOM 364 ROANOKE VA 24011 Account Number 6017304 Date August 13, 2018 Date Category Description Ad Size Total Cost 08/19/2018 Propos -Sld Bids -RFP ADVERTISEMENT FOR INVITATION FOR BIDS AND NOTICE 1 x 199 L 1,884.88 Publisher of the Roanoke Times I, (the undersigned) an authorized representative of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice ADVERTISEMENT FOR INVITAT was published in said newspapers on the following dates: 08/06 08/13/2018 The First insertion being given ... 08/06/2018 Newspaper reference: 0000798779 lwc Billing Representative Sworn to and subscribed before me this Monday, August 13, 2018 Notary Public State of Virginia City /County of Roanoke My Commission expires ��gyE16t &iC1!! elt Y A i � nG v '. "' 1 r110 IJ NU1 A DILL. r'LMIAOC r /AT r mvnn iNvVit r_. I MAW% TVU II!,,- IL.I �' V `" • ;t81i'W ADVERTISEMENT FOR INVITATION FOR BIDS AND NOTICE OF PUBLIC HEARING Before the Council of the City of Roanoke For Execution of a Lease Agreement (Preston Park) Pursuant to the requirements of Section 15.2 -2100, et seq., Code of Virginia (1950), as amended, the City of Roanoke, Virginia (City) hereby gives notice that the City is inviting bids from qualified bidders for a certain lease to install, operate, and maintain a telecommunications facility in an approximately 0.062 acre (2,736 square feet) portion of Preston Park within the City of Roanoke, Virginia, (Preston Park being Official Tax Map No. 2100601, located at 3137 Preston Ave NW. Roanoke, VA 24012), upon certain terms and conditions, as set forth in a proposed Lease Agreement. The proposed Cease Agreement includes th�, grant ,)f Appurtenant Easements as defined and described in the pn,pused Lease Agreement; for temporary construction activities, access. and certain utilities. The proposed Lease Agreement to be executed by the successful bidder. for an initial term of ten years, upon certain terms and conditions, grants the right, privilege, franchise, and authority to use a portion of Preston Park within the limits of the City of Roanoke. Virginia.. to install, operate, and maintain a telecommunications facility Any bidder shall be able to provide sufficient ,vclenee that such bidder will be able to install, operate and maintain a telecommunications facility and execute the proposed Lease Agreement, sublect to all of itG terms and conditions. If the City elects to award and execute the Lease Agreement.. City i;ouncil will be requested to adopt an ordinance to that effect. The full text of the proposed ordinance authorizing execution of the Lease Agreement is on file and may be reviewed in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. The City Clerk will also have copies of the necessary bid form available. The proposed ordinance, proposed Lease Agreement, and bid form will be available at the City Clerk's Office on and after Monday, August 6, 2018. Any interested entity is invited to submit a written bid, including a completed bid form, for the proposed Lease Agreement as described above. Each bidder ;hall submit the followmg information 1 The legal name of the entity submitting the bid, including the Identification Number issued to it by the Virginia State Corporation Commission 2. The bidder's agreement to execute, deliver, and perform the Lease Agreement. 3. The amount to be paid by the bidder for the monthly rent to be made to the City for such Lease Agreement and the minimum monthly rent amount. 4. The amount to be paid by the bidder to the City as a Site Fee payable at the time Bidder begins construction of the Base Station on the Site within the Lease Area. 5. The amount to be paid by the bidder to the City as a Coloration Fee payable at the time the second Carrier begins construction on or in the Site within the Lease Area 6 Other ntermahon a the• holder deems appe)priat",. tem 2 •nay be submitted ,11 a >hon oauat ­ ;tar ,m, fit Bids it, t t-,, submitted in a sealed °rvr�lnpk, or ontainer h� th, "it, 1-I,,rk at th- address noted above on or before Noon. 12:00 p.m., local time. Monday. August 20, 2018. The outside of the bid envelope should be marked as follows. 'BID FOR EXECUTION OF LEASE AGREEMENT, TO BE OPENED AT THE CITY COUNCIL MEETING AT 2:00 P M. ON AUGUST 20. 2018.' The bid should be addressed to the City Council of Roanoke c/o Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W.. Roanoke, Virginia 24011 All bids received will be held by the City Clerk. unopened, until 2:00 p m. lw al time, m Monday. August 20. 2018, at vhich tiro, they will be delivered to the Council Chamber, Room 450. Noel Taylor Municipal Building. 215 Church Avenue S.W., Roanoke, Virginia 24011, and thereaft,r be publicly opened and read aloud in accordance with Section 15.2 2102. Code of Virginia r1950, 1, enerldwl. The City reserves the right to cancel this Invitation for Bids and; or to reject any and all bids. to waive any informality or irregularity in the bids received, and to accept the bid which is deemed to be in the best interest of the City. The entity to whom the Lease Agreement may be granted and awarded shall reimburse the City for the costs of any advertisements for this matter. Such entity shall also provide a bond as required pursuant to Section 15.2 -2104, Code of Virginia (1950), as amended, as determined by the City. Pursuant to the r,quuements of S,�r,bnns 1; ? 2100 -It seq. and Sections 15.21800(B), 15.2 1813. and 15.22204, Codo of Virginia (1950), as amended, notice is hereby given that the Council of the City of Ruanoke will hold a public hearing on the Lease Agreement at its regular meeting to be held on Monday, August 20. 2018. at 7:00 p.m., local time, or as soon thereafter as Council is available, in the Council Chamber, Room 450, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011 For further information on the Lease Agreement, you may contact the Office of the City Clerk at (540) 853 -2541. A copy of the proposed Lease Agreement will be available at the City Clerk's Office on and after Monday, August 6, 2018. All parties and interested persons may appear on the above date and time and be heard on the matter If you are a person who needs accommodations for this hearing, please_ contact the City Clerk's Office at i54W 853 -2541 before 12:00 Noon or Thursday. August 16.2018 EN ,v)d,f .., har '' ;th �fa, � August 2014 Sh'Uh.�n! M M�'nr R "yenhls MMI. ADVERTISEMENT FOR INVITATION FOR BIDS AND NOTICE OF PUBLIC HEARING Before the Council of the City of Roanoke For Execution of a Lease Agreement (Preston Park) Pursuant to the requirements of Section 15.2 -2100, et seq., Code of Virginia (1950), as amended, the City of Roanoke, Virginia (City) hereby gives notice that the City is inviting bids from qualified bidders for a certain lease to install, operate, and maintain a telecommunications facility in an approximately 0.062 acre (2,736 square feet) portion of Preston Park within the City of Roanoke, Virginia, upon certain terms and conditions, as set forth in a proposed Lease Agreement. The proposed Lease Agreement includes the grant of Appurtenant Easements (as defined and described in the proposed Lease Agreement) for temporary construction activities, access, and certain utilities. The proposed Lease Agreement to be executed by the successful bidder, for an initial term of ten years, upon certain terms and conditions, grants the right, privilege, franchise, and authority to use a portion of Preston Park within the limits of the City of Roanoke, Virginia, to install, operate, and maintain a telecommunications facility. Any bidder shall be able to provide sufficient evidence that such bidder will be able to install, operate, and maintain a telecommunications facility and execute the proposed Lease Agreement, subject to all of its terms and conditions. If the City elects to award and execute the Lease Agreement, City Council will be requested to adopt an ordinance to that effect. The full text of the proposed ordinance authorizing execution of the Lease Agreement is on file and may be reviewed in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. The City Clerk will also have copies of the necessary bid form available. The proposed ordinance, proposed Lease Agreement, and bid form will be available at the City Clerk's Office on and after Monday, August 6, 2018. Any interested entity is invited to submit a written bid, including a completed bid form, for the proposed Lease Agreement as described above. Each bidder shall submit the following information: The legal name of the entity submitting the bid, including the Identification Number issued to it by the Virginia State Corporation Commission. 2. The bidder's agreement to execute, deliver, and perform the Lease Agreement. 3. The amount to be paid by the bidder for the monthly rent to be made to the City for such Lease Agreement and the minimum monthly rent amount. 4. The amount to be paid by the bidder to the City as a Site Fee payable at the time Bidder begins construction of the Base Station on the Site within the Lease Area. Stephanie M. Moon Reynolds, City Clerk Note to Publisher: Please publish twice in the Roanoke Times, legal notices, once on Monday, August 6, 2018, and once on Monday August 13, 2018. Please send affidavit of publication to: Stephanie M. Moon Reynolds City Clerk's Office Noel C. Taylor Municipal Building Room 456 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853 -2541 Please send bill to: R. Brian Townsend, Assistant City Manager 3rd Floor, Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011 Phone: (540) 853 -2333 3 BID FORM FOR A LEASE AGREEMENT TO INSTALL, OPERATE, AND MAINTAIN A TELECOMMUNICATIONS FACILITY IN PRESTON PARK (Official Tax Map No. 2100601, located at 3137 Preston Ave NW, Roanoke, VA 24012) RESPONSIBILITY OF BIDDER: It is the sole responsibility of the Bidder to assure that its bid is delivered to the place designated for receipt of bids and prior to the time set for receipt of bids. No bids received after the time designated for receipt of bids will be considered. BID DUE DATE, TIME, AND DELIVERY OF BID: All bids are due on or before Noon, 12:00 p.m., local time, Monday, August 20, 2018, and are to be delivered to the address listed below. The completed Bid Form, together with any other documents the Bidder wishes to submit, should be enclosed in a sealed envelope and addressed as follows: Council of the City of Roanoke c/o Office of the City Clerk, Room 456 Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Place in front lower left -hand corner of envelope and on the back of the envelope in bold letters the following title: "BID FOR EXECUTION OF LEASE AGREEMENT, TO BE OPENED AT THE CITY COUNCIL MEETING AT 2:00 P.M. ON AUGUST 20, 2018." Date: TIWI%QH, 004&-r ib , 2018 I Lf-STONF, TVW6t t 0176V P9TNaS4t1 P - (V proposes and agrees, if its (Legal Name of Bidder) Bid is accepted, to enter into and be bound by a Lease Agreement, a copy of which is on file in the Office of the City Clerk for the City of Roanoke, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Furthermore, the undersigned Bidder warrants that it can and will comply with the provisions of such Lease Agreement. Bid: Bidder agrees that lease payments will be made according to the Lease Agreement. In that regard, Bidder agrees to pay monthly rent of an amount equal to ft U gTJ percent (_LfQ %) of the Gross Revenues (as defined in the Lease Agreement) derived from the use, leasing or occupancy of any portion of the Monopole or Base Station for the preceding calendar month. In no event will Bidder's payment to City under this provision after any Carrier (as defined and described in the i Lease Agreement) starts rent payments be less than ENE ONO Mb Nbljb dollars ($ 1,000,00 ). Payment is due to the City in accordance with the terms of the Lease Agreement. Bid: Bidder agrees to pay City a Site Fee, which is equal to Vii FIVE USftNq PNO K01100 Dollars ($ 25,000.00 (the "Site Fee ") payable at the time Bidder begins construction of the Base Station on the Site within the Lease Area. Bid: On the date the second Carrier begins construction on or in the Site within the Lease Area, Bidder agrees to pay City a colocation fee of FA TWANO ftb N01 A Dollars ($ (the "Colocation Fee "). Bid Term: Up to 35 years, commencing on(:jUS'(; ZU) and ending or terminable pursuant to the terms of the Lease Agreement. Bid: Bidder agrees, if its bid is accepted, to execute, deliver, and perform all terms and conditions of the Lease Agreement, a copy of which is on file in the Office of the City Clerk, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011. Bidder agrees, if its bid is accepted, to reimburse the City for the costs of any advertisements for this matter. Bidder agrees, if its bid is accepted, to provide a bond as required pursuant to Section 15.2 -2104, Code of Virginia (1950), as amended, in an amount determined by the City. State Bidder's complete legal name, exactly as it is recorded with the Virginia State Corporation Commission (SCC), or the complete legal name of Bidder if it is not a corporation. LEGAL NAME OF BIDDER: N I USTONE TO WC-9— U M 171W BY:_ CC40 TITLE: Pf46Sj06W (Printed Title) LCONM FO S; J IZ - (Printed Name) STREET ADDRESS: W10 D SAF7 t1 wS NO, SU TF, loo MAILING ADDRESS: 15AM El CITY: k5mbN STATE: YA ZIP CODE: 10K10 TELEPHONE.;: (7*) W10- 255S FAX: ( 103) ipj K dN l � Bidder's SCC Identification Number: M b 115 2D10 P DRAFT :August 6, 2018 DEED OF LEASE AGREEMENT SITE: Preston Park 313 7 Preston Aye NNV Roanoke. VA, 24012 THIS DEED 01, LLASE AGRFE,%IFNI' (this -Lease "). made and entered into this _ day of 2018, by and between the City of Roanoke, Virginia, a Municipal - -- Corporation of the Commonwealth of Virginia, �yith an address of 215 Church Avenue, S. V., Roorn 364. Roanoke, Virginia. 24011, herein referred to as - Lessor" and -City' and a with an address of herein referred to as 'Lessee" and recites and provides as to] lox�s: RECITALS 1. Lessor is the m ner of the parcel of improved real estate located in the Cite of Roanoke, Tax Map Parcel 2100601, located at 3137 Preston Ave NW. Roanoke. VA 24012 and described in Exhibit A attached hereto and incorporated herein by reference (the is a corporation duly organized, validly existing and in good standing under the la�%s of the Commonwealth of' Virginia, and is duly authorized to do business in the City of Roanoke, Virginia: and has all requisite po�wr and authority to accept. execute, deliver and perform this I_,ease and all agreements entered into or delivered in connection ,tiith or as contemplated hereby. 3. Lessee intends to construct a free - standing monopole satisfying the requirements of this Lease and all applicable laves (the "Monopole "), and to lease from Lessor land on �yhich Lessee intends to construct an equipment compound of approximately tv o thousand seven hundred and thirty six (2,736) square feet as described and shovyn on Exhibit A -1 attached hereto and made a part hereof for the installation of' equipment operated by Lessee or the Carriers (as defined below) on the Site (the " C'ompound -). Lessee intends to lease space on the Monopole and in the CompoUuld to telecomnuinications or other \,�ireless co Ill n Lill ications providers (the -C'arriers- and each indikidually, a "C'arrier") in compliance with the terms hereof. Such Carriers may install antennas on the Monopole and construct equipment platforms (each, an -, uipment Platform') to support their communications equipment �cithin the Compound (the Monopole. the Compound. each Equipment Platform and all antennas. dishes, lines. cables and other equipment or items shall collectively be referred to herein as the -Base Station" or Faeilities'l - 4. I'he parties rno�� desire to set forth the terms pursuant to which Lessor shall lease a portion of the Site to Lessee for the purposes just described. N0W. THF,REFORE, in reliance of the Recitals set forth above and for and in consideration of the mutual agreement, set forth below and other good and valuable consideration, the receipt and suffcienc� of which are hereby acknoMed ed. the parties agree to enter into this indenture as follows. 1.11 ASL AGR1:EA N I a. Subject to and in accordance with the provisions of this Lease, Lessor henebc leases to Lessee and Lessee hereby leases from Lessor that space within the Site comprising two thousand seven hundred and thirty six (2,736) square foot parcel of ground as described and show on Exhibit A- I attached hereto and made a part hereof and designated as the "Lease Area" (the "Lease Area "), which, together with the appurtenant Easements (defined in Section 2). shall be referred to collectively as the "Leased Premises," Subject to and in accordance with the provisions of this Lease, the City hereby grants to _ the nonexclusive right. privilege, franchise, and authority, to install. operate, and maintain a telecommunication Monopole and ground telecommunications equipment on the Site, and to lease space on the .\monopole and the Leased Premises to Carriers. b. Except for those portions of the Leased Premises that are fenced with the permission of City (%%hich portions shall generall} be the area immediately surrounding the Compound) and the actual space occupied by the Monopole (the "Exclusive Leased Premises"), the Leased Premises shall be demised to on a non - exclusive basis. City and its invitees, permittees, agents and contractors expressly reserve the right to have, and shall have, free and full use of the Non- Fxclusive Leased Premises, including. kcithout limitation, the right of pedestrian and vehicular ingress and egress over and through the Non- Fxclusive Leased Premises in accordance with the terms hereof. and Carriers shall erect no signs on the Site except on the Exclusive Leased Premises or with the Oty's prior express permission in writing. This Lease grants _ no right to use Cite -o�. fwd useable antenna support structures such as ('its - )%vned water tanks, buildings, etc. or other structures, facilities or equipment belonging to City except as expressly stated herein. C. Lessee acknowledges that with the exception of the air space over the land actually occupied by the Monopole, the Leased Premises shall include the air rights over the land onk to a height of fifteen (15) feet above erourld level. Lessor and L essce acknowledge that the enact location of the Leased Premises is, as of the date of the execution hereof, the parties current intent with respect thereto, however the final location may be subjcct to modification (by agreement of the City !Manager and an authorized agent of ) based upon I essee's governmental approval process. Lessee and Lessor therefore each covenant and agree, subject to each party's approval as required in the immediately preceding sentence, to execute an addendum hereto at such time as the final location of the I..eased Premises is determined in the event that such location differs from that as set forth on L_Ah bit A -l.. 1 cssee hereby accepts the Leased Premises "AS IS" and in its present condition %N ithout any representation or warrant, of 1 cs�or except any that nvay be cxpre,sle set forth in this I d. Notwithstanding the foregoinu. Lessee acknowedge, and agrees that it is solely responsible for performing all necessary due diligence regarding the Site and the Leased Premises, including confining by way of a title report and examination that Lessor holds legal title to the Site and that no matters affecting title to the Site prohibit, impair or require third part'. consent to the leasin�o of the Leased Premises to I essee, the construction of the improN ements -2- contemplated hereunder or any other matter relating or pertaining to this Lease (the "Due Diligence Matters "). In no event shall Lessor have any responsibility for or liability with respect to the Due Diligence Matters. all of which are herebv waived by Lessee. Lessee agrees to strictly comph,. at its sole cost and expense, with all recorded documents. instruments and agreements affecting title to the Site, and defend, indemnify and hold harmless Lessor against anti cost, expense. claim. demand, obligation. cause of action or liability with respect to an,, violation thereof by Lessee or its agents or sublessees. e. Until the termination or expiration of this Lease, title to the 'Monopole and the portions of the Base Station owned by Lessee shall remain with Lessee, except that, title to the Monopole and !or those portions of the Base Station owned by Lessee that Lessor has required to remain on the Leased Premises shall, at the option of Lessor, vest in Lessor after the termination or expiration of this Lease, and Lessee agrees to promptly execute such further assurances thereof as shall be requested by Lessor. f. Lessee acknowledges and understands that Preston Park is subject to various deed restrictions. Lessee agrees that. at Lessee's sole expense, if Lessee's use ofthe Site is challenged due to the deed restrictions, Lessee shall be solely responsible for all costs. including court costs and attorne%'s fees, in seeking to defend the challenge. Lessee shall defend, and indemnify Lessor and hold it harmless against am claims, damages, losses or liabilities (including attorney's fees) incurred bx Lessor and arising from am challenge to the Lessee's use of the property. g. It is the intention of Lessor and Lessee that this Lease constitutes an exclusive relationship as it pertains to the construction of telecommunications monopoles and the leasing of space thereon to telecommunications service providers on the Site. Lessor agrees that it shall not, during the term. lease, license or grant any interest in any portion of the Site to any telecommunications or other wireless service provider, or to any party constructing monopoles for lease to telecommunications or wireless service providers. other than Lessee, except as may be permitted in accordance kyith Section 3(c) below. h. As a condition precedent to City's obligation to lease the Leased Premises or otherwise to perform any obligations provided for in this Lease and to s obligation to lease the Leased Premises, City Council shall release City's right to maintain and operate the portion of Preston Park described herein as the Leased Premises at the Site (the "Council Release "). Upon notification from that intends to proceed kyith the lease. City shall initiate appropriate proceedings as required by applicable laves of the Common-vvealth of Virginia and ordinances of the City to request City Council to consider the release of City's right to operate the portion of Preston Park described herein as the Leased Premises at the Site. 2. FASF\fFNTS SFRVFNG LF_1SFD PRF\JISFS: a. Lessor hereb, grants to Lessee the easements specified and described herein and in the exhibits hereto as needed to install. operate, and maintain telecommunication, Monopole and ground telecommunications equipment as easements appurtenant to the leasehold granted to Lessee in this [.ease (,such easements the "Appurtenant Easements }, With the exception of Lessee's grant of use of the Appurtenant Easements to Carriers and utility providers (as applicable), the Appurtenant Easements may not be assigned or othenvise transferred in whole or in part separately from the leasehold granted under this Lease, and any such attempted assiunment or transfer shall be void. i. Lessor grants Lessee a nonexclusitie, temporary construction easement of ~awing dimensions over. on, and through adjoining and adjacent portions of the Site, as shown on Exhibit B (Temporary Construction Easement) and identified as the 'Feinporar,, Construction I?asement ", for construction and installation of the Base Station upon the Leased Premises. Such temporary construction easement shall terminate upon the completion of Lessee's construction described in Section 7 provided that such term shall be extended for such period of time as Lessee may be prevented from constructing the Base Station by reason of force majeure, and may be extended for such further period as Lessor in its discretion may agree in writing. ii. Lessee shall be permitted the non - exclusive use of a right -of -way having the location and up to 10' feet in width as shown and described on Exhibit B (Utility Easement) hereof as the "Utilit} Easement," or such other right -of -way of similar dimensions as Lessor may designate during the term of this Lease. to construct. erect, install, operate and maintain underground communication cables (including fiber). from the Leased Premises, over, across and through that portion of the Site designated on Exhibit 11 (1_itility Easement). iii. Lessor hereby agrees to grant to the local utility and telephone companies, on terms acceptable to Lesser in its reasonable discretion. the non - exclusive easements and rights -of -way having the location and up to 10' feet in width as shown and described on [exhibit B to construct. maintain. operate and repair communication. electric power, lines, natural gas, conduits and systems over those portions of the Site designated on Exhibit B (Utility Easement) hereof and described as the -I Itility Easement." or such other right -of -way of similar dimensions as Lessor may designate during, the term of this Lease. and the right -ot -way of Lessee provided for in Subsection 2 a(ii) during the tenn of this [.ease for purposes of installation and provision of telephone, and electric ser,, ice to the Base Station iv, I -essor hereby gr.ints Lessee a non - exclusive easement and right- of -«ay having the location and width as shown and described on Exhibit B for ingress to and egress from the Leased Premises by Lessee and the Carrier,, for vehicular traffic for constructing, installing, maintaining. operating and repairing the Base Station, over that portion of the Site designated on -Exhibit B__( �lcceis_ F;asement i hereot� and described as the - yccess -Easement or such other right -of -wad of similar width as may be designated by Lessor to proN ide such access to the Leased Premises and the Base Station In the ev ent that I_ essee damages any grassed area with its service and-or construction vehicutar traflic. I e�;see will promptll re -sod the disturbed areas. b. Lessor shall have the right to direct to relocate any of the ?appurtenant Easements (provided that there shall be no termination thereof, and no interruption of service or access as a result thereof other than such short term interruption as is necessary to effectuate the physical relocation. provided that Lessor and Lessee shall attempt to ensure that the replacement Appurtenant Basement is in place prior to such relocation such that any such interruption shall be as minimal as reasonablti practicable). If such relocation occurs within the tirst fifteen (15) years after the installation of utilities or facilities therein, such relocation shall be at Lessors expense. thereafter, such relocation shall be at Lessee's expense. C. With the exception of the temporary construction easement provided for in Section 2 a(i). which may expire sooner as provided in such section, and any utility easements to third -party utility or power companies, Much shall expire in accordance xvith their terms. the term of all Appurtenant Easements shall automaticalIN expire upon termination of this Lease without the need for further act of any party. Notwithstanding the foregoing, if requested by Lessor, Lessee shall execute and deliver to Lessor, in recordable form. such documents as Lessor may request to evidence of record the termination of all Appurtenant Fasements as just provided. Such documents may be recorded, and if they are recorded. they will be at s sole expense. 3. USE OF LF,ASF.D PREi\11SF,S: a. Lessee shall use the Leased Premises solely for construction, operation and leasing of the Base Station as provided herein, and shall use the Appurtenant Easements solely for the applicable purposes described in Section 2. Lessor makes no representation or warrant", whether such use is permitted by any laves or regulations applicable to the teased Premises, and Lessee is solely responsible for determining whether such use is permitted, and for securima all necessary licenses, permits and approvals therefor. h. Notwithstanding, an% other provision of this Lease. Lessee acknowledees 1_:essor's use of the Site and that Lessee's rights under this Lease (and, accordingly, any Carrier rights under a Carrier Sublease (as defined beto�%)) are subject and subordinate to Lessor's use and operation of the Site. Accordingly, in exercising their ri,_,hts under this Lease, Lessee shall use its best efforts to avoid anti adverse construction, operational or other such impact on the Site or Lessors use and operation thereof, whether such impacts arise from work or activities being performed or undertaken on or off of the Site (utility outages arising from off -site utility relocation, for example). and, notwithstanding any other provision of this [.ease. Lessee will use its best efforts to cause such entry. work or activities to he performed or undertaken at such times, and to occur in such manner, as Lessor may require, in its reasonable discretion, to avoid any adverse impacts to the Site or Lessors use thereof. Further, Lessee agrees that it will cause each Carrier to comply with the provisions of this Section 3. Pursuant to the provisions of' Section 8h, Lessee shall he responsible for repairing all damage to the Base Station, the Leased Premises or the Site caused be Lessee: or any of Lessees employees. contractors or agents. In case of emergencies threatening life or safety or any component of the Base Station. Lessee may enter the Leased Premises ��ithout prior notice to I.essor. provided Lessee notifies Lessor of such entry, and the nature of the work performed or undertaken as a result of such emergency, as soon as practicable after Lessees entry. Notwithstarnding the foregoing. Lessee shall have the right to make customar, and routine inspections of the Leased Premises upon one (1) business day prior notice, provided that (i I such entry is only for the purpose of inspecting the Leased Premises, conducting routine maintenance and repairs (provided such maintenance and/or repairs do not require alteration of the structural elements to the Base Station or the Monopole or the addition or substitution of any electrical cabinet or equipment shelter) and (ii) the worker or workers who make such inspections check -in with the appropriate personnel at the Site prior to accessing the Leased Premises and, in all cases, follow all procedures required by Site personnel. C. The City, or any other governmental agency that the City is a member of, shall be permitted to lease, without the requirement for payment of any compensation to one (1) platform on the Monopole (which lease shall include a ground location for the City, to construct a facility to install its ground based facilities appurtenant thereto) at locations on the ground and on the Monopole mutually agreed upon by the City and _____ . _ ___,rc_ „_.,; provided that (i) in no event shal l any such use of the Monopole by the City be for commercial purposes or for LTh antennas, (ii) the vertical envelope of the equipment installed by the City shall not exceed ten (10) feet, (iii) the total effective wind load of the City's equipment shall not exceed twenty (20) square feet of effective projected area, (iv) the total weight of the City's equipment shall not exceed three hundred (300) pounds, (v) the height of the City's equipment on the Monopole shall reasonably agreed upon between the City and _ and shall be subject to the location of the Carriers and any other regulatory limitations (i.e, limitations set forth by the FAA, FCC and other federal, state or local government authorities having jurisdiction over the Monopole), and (vi) the transmissions do not interfere with those of any Approved Carrier on the Site (or under a letter of intent) at the time such lease is granted. Further, City shall be entitled to lease space within the Site to any other govemmental agency for construction of a monopole for its own use (but not for commercial resale), in accordance with Section 10 hereof. Notwithstanding anything to the contrary contained herein, the size, type, number, height and weight of the City's antennas, facilities, shelters, platforms and any other equipment to be installed by the City within the limitations set forth above is subject to s prior %Tritten consent. which consent shall not be unreasonabl\ withheld, conditioned or delaycd. 4, '1FRM: a. The term hereof shall be for an initial term of ten (10) dears, with up to live (5) 5- year extension terms, commencing on the date of the final execution and delivery hereof (the "CCommencQment Date "). The term hereof shall be automatically extended as of the expiration of the then current term unless Lessee provides thirty (30) days advance lMtten notice of its intent not to so renew the term hereof. Notwithstandin, the faregoi-ng, if the Monopole is not constructed within t%4ek e { 12) months after the date _ _ _ obtains all required governmental approvals and permits, this Lease may be terminated by City with thirty (30) days written notice to Further, in the event that at any time after the initial construction of the Monopole on the Site, the Monopole remains vacant (i.e., with no Carrier Sublease applicable thereto) or no Carrier is paying rent therefor for a period of twelve (12) con,�ecutlN e months, this Lease may be terminated by City with thirty (30) days written notice to In the event that Citv elects to tenninate this lease due to the conditions described in the previous two sentenceti, then during the sixty (60) day period after receipt of City's tennination notice. shall be permitted to elect to pay the City the amount that %could have been due if one (1) Carrier Sublease was executed and paling full rent and, ill' begins the payment of such amount prior to the date that is siat) (60) dst }s after receipt of City's termination notice, then City's termination notice shall be deemed null and void and the lease for the site shall continue in full force and effect. Lessee may terminate this Lease with sixty (60) days prior notice to Lessor if (i) lessee is unable to obtain or maintain in force all -6- necessary governmental approvals, ii) a material change in government regulations makes it impractical or uneconomic for Lessee to continue to operate the Facilities under this Lease, (iii) interference by or to Lessee's operation cannot, despite good faith negotiations between Lessee and Lessor in accordance with the terms hereof, be resolved, (iv) Lessee is unable to lease space within the Base Station for a period in excess of twelve (12) consecutive months, or (v) the Site or the Facilities are destroyed or damaged or taken in whole or in part (by condemnation or otherwise) sufficient in Lessee's reasonable judgment, adversely to affect Lessee's use of the Site. If this Lease is renewed, then all covenants, conditions and terms will remain the same. b. At the end of the term of this Lease, whether by the passage of time or the exercise by any party of any right of tennination, Lessee shall surrender the Leased Premises to Lessor in the condition specified in this Section 4b. Within sixty (60) days after the end of the term of this Lease, Lessor shall notify Lessee of its election to (i) have Lessee dismantle and remove the Base Station, or any component thereof, including, but not limited to, any or all of Lessee's facilities from the Leased Premises and the Site, and return to the Site's original condition (except for underground improvements and cables as described below), or (ii) have the Monopole and/or Base Station (other than those portions of the Base Station owned by the Carriers) remain on the Leased Premises. If Lessor fails to make such an election within the sixty (60) day period, Lessee shall inform Lessor in writing, and Lessor shall have an additional thirty (30) days to make the election. If Lessor fails to make an election, it shall be deemed to have elected option (i). If Lessor elects or is deemed to elect option (i), Lessee shall promptly (and in any event within ninety (90) days) remove the designated facilities from the Site, at Lessee's sole cost and expense, and return to the Site's original condition; provided, however, that Lessee shall be entitled to leave in place underground cables and any other improverents which are two (2) feet or more below grade. If Lessor elects option (ii), title to the facilities designated by Lessor shall immediately vest in Lessor, «ithout the necessity of further action by Lessor or Lessee, Notwithstanding the foregoing, if so requested by Lessor, Lessee shall execute such further assurances thereof as shall be requested by Lessor. Further. nothing herein contained shall be deemed to prohibit or restrict any Carrier from removing its equipment to the extent permitted to do so under any Carrier Sublease. C. Subject to Section 4b, the Base Station, including the Monopole„ and other equipment, shall during the term of this Lease be deemed the personal property of Lessee and, or the Carriers, as applicable. 5. REN I & ACCESS FEE: a. Beginnin,r on the Commencement Uate, and thereafter on the tenth day of each calendar month during the term and any extension term of this Lease, Lessee shall pay to Lessor, in legal tender of the t.'nited States of America without demand, setoff or deduction whatsoever, as monthly rent for the Leased Premises, an amount equal to percent t 0 %) of the Gross Revenues (as defined below) derived from the use, leasing or occupancy of any portion of the 'Oonopole or Base Station for the preceding calendar month. In no event will — -- 's payment to City under this provision after any Carrier starts rent payments he less than _ dollars (S >. The term `'Gross Revenues- shall mean all revenue actuallz collected by Lessee from Carriers with respect to the Site (other than any reimbursement being made to Lessee by a Carrier in connection with construction of the Base Station, Monopole (including, if necessary, the costs to install a stealth or camouflage Monopole), connection to any utilities, access roads, reimbursement for any site access fee provided that such reimbursement is not in lieu of or in substitution of any rent thereunder). All rental payments shall be made by check payable to Treasurer, City of Roanoke at City of Roanoke, Virginia, P.O. Box 1451, Roanoke, VA 24011, Attention: City Treasurer, or such other address as Lessor may from time to time provide. b. In addition to the rent described in the preceding paragraph, any other amounts payable under this Lease to Lessor, however denominated, shall be deemed additional rent, and Lessor shall have all rights and remedies in respect of payment and collection thereof as are applicable to rent. Any amounts payable hereunder by A _ that are not paid when due shall (a) be subject to a late charge of five percent (5 %) of the amount due and (b) bear interest from the date due at a rate of fifteen percent (15 %) per annum. C. Lessee shall pay Lessor a Site Fee, which is equal to and No/ 100 Dollars ($ ,. ,_) (the "Site Fee ") payable at the time Lessee begins construction of the Base Station on the Site. In addition, on the date the second Carrier begins construction on or in the Site, Lessee shall pay Lessor a colocation fee of _ _ and No /100 Dollars (the "Colocation Fee. "). The Colocation Fee does not apply to the first Carrier on or in the Site (for which no fee shall be due). In the event fails to timely pay any Site Fee due hereunder, _ shall, in addition to owing City such Site Fee, pay to City interest on the amount thereof from the date due through the date of payment of such Site Fee to City, in an amount equal to the Prime Rate of interest as published from time to time by The Wall Street Journal_ plus four percent d. To ensure _'s proper rerno,al of the Monopole and Base Station from the Site at the end of the term of this I.casz in accordance with Section 4b (as elected by (`ity), and to ensure the removal work is done in a proper manner without undue damage to the Site or other property of the City, _ _ shall furnish to the City a security deposit in the amount of Twenty Thousand Dollars (w20,000.0o) (together with all accrued interest thereto. the "Security Deposit ") prior to commencing construction on the Site. The Security Deposit shall be in the form of cash. The Security Deposit shall not in any way be considered to limit s obligations or liabilities hereunder. The City may draw upon the Security Deposit upon failure by _ to remove _ s Facilities from the Site in accordance with Section 4b. The SectlritN Deposit shall be held by City in an interest bearing escrow account and the Security Deposit (together with all accrued interest thereto) will be returned to within thirty (30) days of s substantial completion of the removal requirements contained it,, Section 4b (as elected by C ity ) or at such other time as the City determines the Security Deposit is no longer needed. e. All amounts paid by Lessee to I:CSSOI- under this Lease shall be dedicated by i c��or to City of Roanoke public park purposes - 8 - 6. RLAI, FSTATE TAXIS. ITTIL1T11:S. NIA [tiT' AtiCL: a. Lessee shall be solely responsible for all costs and expenses relating to the connection, disconnection. consumption and use of amv utilities arid or services in connection �yith Lessee's construction. installation, operation and maintenance of the Base Station on the Leased Premises including. without limitation. ari electric consumption by its equipment. and Lessee agrees to pay all costs for service and installation of an electric meter directl% to the local utility company. b. Lessee shall be responsible for the declaration and payment of any applicable taxes or assessments against the Base Station or other equipment o,�ned or used by Lessee or allocable (on a pro rata basis) to the Leased Premises, including but not limited to any sales and property taxes, as well as any taxes based on the rent pw able hereunder, including gross receipts taxes. During the term. Lessee shall be responsible for the timely payment of all taxes levied upon Lessees (or Lessees licensees', tenants' or agents') improvements on the Leased Premises. Lessee shall have the right to contest all taxes, assessments, charges and impositions assessed against the Base Station or other equipment ovkned or used by Lessee or allocable (on a pro rata basis) to the Leased Premises as well as any taxes based on the rent payable hereunder, as defined without limitation herein: provided, ho�w,.er, the expenses associated with any such contest are borne by Lessee and not by Lessor. C, Lessee shall at all times during the term of this Lease, at its own expense. maintain the Base Station and the Leased Premises in proper operating condition and maintain same in industrial standards of good condition. and krill repair any damage except that caused by Lessor. its agents or ser�arnts. Lessee shall mow grass, keep area free of weeds, and keep the Leased Premises and the Base Station tree of debris at all times. agrees that it skill inspect the Leased Premises and the Base Station no less frequently than once every- four months. d. Lessee shall maintain the Leased Premises at all times in compliance �%Ith Lessor's rules and regulations and all go%ernnnental rules. regulations and statutes Whether currently in force or subsequently adopted. including, without limitation, those relating to the li�„hting and painting of the Base Station. and requirements of the Federal Communications Commission (the "FCC"), the Federal :aviation Administration (the "FAA "), and other federal. state or Local government authorities having i Uri sdiction over the Base Station. e. Lessee- shall be solely responsible, at its sole cost and expense, for keeping the Monopole at all times in reasonably, good order. condition and repair, and in compliance xyith all applicable lass. ordinances and rules. Lessee shall cause the Monopole to be regularly inspected and preyentatlN e maintenance to he performed in accordance with the standards of the industry. but in no event less frequently than once every three (1) years. in no event shall Lessor be required to maintain or repair the Monopole, or pay or reimburse Lessee for any costs associated there%kith. f. It applicable, Lessor shall be responsible for the maintenance and repair of any lighting fixtures installed by Lessor (or by Lessee on behalf of Lessor) on the Llonopole. _y_ �. is responsible for constructin_-, and maintaining any access -- - drivewav or road that may be needed to provide access to its facilities and the Base Station. Any drivewa%s and roadways installed on City property shall be installed and maintained in accordance tivith standards typical for gravel roads, driveways or pathways in City o�cned parks and built to be usable for or by the general public. Whenever fails to maintain a driveway or roadway in a reasonably safe condition, the City may notify of the need to do so and it is s responsibility to make necessary repairs or improvements. If _ fails to make the necessary repairs or improvements in a timely manner, the City may do so and bill for the actual and reasonable costs incurred by the City. 7. CONSTRUCTION BY LESSFL: a. Lessee shall use good faith and commercially reasonable efforts to obtain all necessary approvals, including, without limitation, those required by the FAA and the FCC, for construction and operation of the Base Station. After obtaining the necessary permits and approvals therefor. Lessee, at its sole cost and expense, shall perform or cause to be performed all of the following work: Not Used. ii. Installing the utility and erluipment compound with dimensions sho-,cn and described on Exhibit A -] attached hereto At the re(,Iuest of 1.esJ01- at the commencement of the term of this Lease, at sole expense, shall install a chain link or Nvood fence, �klth a locked gate. or natural screeniri;) on each side of the Compound or an-, other portion of the Base Station. iv. Subject to City's approval thereof as provided in Section_ 7d hereof, performing, or causing to be performed all other- improvements and work associated with the kwrk described above that may kv,%fully be required by City of Roanoke or any other governmental body or official having jurisdiction. as part of or in connection with the work described above. As provided by the Citv's Zoning Ordinance, all landscaping on parcels containing towers or monopoles, antenna support structures. or telecornrnunications facilities shall be designed to screen the toNker. antenna support structure, and telecommunications facilities to a heiuht of at least six (6) beet from grade. This requirement may be waived at the discretion of the inspections division if the base of the tower and facilities to be screened are not located in and not visible from any business or residential districts or visible from public streets. A11 landscaping must be continually maintained in a healthy and attractive manner. b. Lessee's agreement to perform or cause to be performed at its expense all of the work described above, all at Lessee's cost and expense, shall be construed broadly to provide for all costs and liabilities of such work, "hether or not such costs are anticipated and without regard to Lesscc's present estimates for the cost of same, so that all of such work is fully and properly performed and paid for by Lessee, and upon completion of same the Site, as altered by such work, is as full} functional and suitable for continued use by Lessor as it was prior to the start of Lessee's work. Accordingly, the phrase '`all work" shall include, without limitation, all of the following work, and Lessee's promise to pay for such work shall include, without limitation, all of the costs and liabilities associated with the following: all labor and materials; design work: legal and professional fees of Lessee's consultants: permit drawings and materials. construction costs; constriction equipment and materials: utilities extension or relocation; provision of protective fencing and other safety measures. maintenance: removal of construction related debris from the Site; liability, property and workers' compensation insurance premiums. bond fees; development and construction permits.. inspections and approvals; re- sodding of all disturbed areas not covered with impervious surface; replacement or relocation of landscaping: re- paving or re- striping of any damaged or disturbed paved areas whether for traffic control, parking or otherwise: connection of new sidewalks, drives, parking areas and other facilities to City's existing facilities; and the repair and restoration of any item, place or thing required as a result of any damage to the Site caused in the prosecution of the work contemplated by this I_e•ase. c. Lessee shall cause construction of the Base Station (other than components cchich may be constructed by any future Carrier) to be commenced as soon as practicable after receipt of all necessary permits and approvals and to be completed within a reasonable time thereafter. not to exceed one (1) year from the receipt of all necessary permits and approvals, excepting periods of delay caused by force majeure or delays caused by Lessor. Once its work on the Base Station is initiated.. Lessee shall diligently and continuously prosecute such work to final completion (including. obtaining all required inspections and approvals) in a ttmcly manner in accordance with a schedule to be agreed upon in advance by City, and (the 'Initial Construction Schedule "). Such schedule shall limit constriction activities to such days and times as Lessor may require to avoid any material and adverse impacts on the use and operation of the Site. Lessee shall keep Lessor fuHN apprised of any events that might impact the construction activities If Lessee fails to perform its work in accordance with this Lease and if such failure threatens the safe, proper and tinsel} conduct of operations or uses of the Site, then Lessor shall have the right to take all treasures as it may deem necessary to avoid or abate any interference with such safe, proper and timely conduct of such classes or other operations or uses, Such rn asures may include. without limitation, engaging additional construction personnel. stoppinu any construction activities occurring on the Site, removing interfering construction equipment, materials or facilities, and providing alternate or additional drives. sidewalks. parking areas or other facilities. All such measures shall be at the sole cost, expense and liability of Lessee. Lessor shall give Lessee prior notice before commencing any such measures and to coordinate with Lessee in detertnining the measures that may be necessary_ Lessee shall permit Lessor's designated inspector full access to all of Lessee's construction areas and shall provide such inspector access to all construction plans, drawings and other information reasonably requested. d. The Base Station, and each component thereof constructed by Lessee; shall be constricted by Lessee in a good and workmanlike manner and in accordance with the plans. drawings and specifications prepared and provided by Lessee for Lessor's prior review and written approval. which approval shall not be unreasonably withheld, conditioned or delayed. Construction and installation of the Base Station by Lessee shall be in compliance with all applicable rules and regulations including. without limitation, the customary specifications and requirements of Lessor and those of the Occupational Safety and Health Administration (`-OSHA "), the FCC, the FAA, and regulations of any- governmental agency (town. county, state or federal) including. but not limited to the applicable requirements of the local planning and zoning and building, electrical, communications and safety codes of the Cite of Roanoke, Virginia. Lessee, at its sole cost and expense. shall secure all necessary permits and approvals required to permit the construction and operation of the Base Station. Lessor agrees to cooperate reasonable kith Lessee in any necessary applications or submissions required to permit construction and operation of Lessee's Base Station as described herein. provided that Lessor shall be reimbursed for all reasonable and actual expenses incurred in providing such cooperation within thirty (30) days of delivery of an invoice to Lessee, and provided further that obtaining Lessee's permits and approvals shall not result in the imposition of any material restrictions or limitations or adverse impacts on the Site or Lessor's use, operation improvement or redevelopment thereof. All of Lessee's work and facilities shall be installed free of mechanics', materialmen's and other liens, and claims of an% person. Lessee agrees to defend, with counsel approved by Lessor, and to indemnify and save Lessor harmless, from all loss, cost, damage or expense including, without limitation, reasonable attorneys' Ices, occasioned by or arising in any connection with the work contemplated by this Lease, and shall bond off or discharge any such liens or other claims whin thirty (30) days after written notice from Lessor. e. Prior to commencing any activities on the Site pursuant to this Lease. Lessee shall provide Lessor wvith evidence satisfactory to Lessor that Lessee and its contractors and agents Mio kill be %corking on the Site are covered be insurance as required by Section 1_4 hereof. I" Lessee shall, upon Lessor's request, tence and hurter the Base Station andr'or the Leased Premises or any portion thereof. In addition, in the event the Base Station is to be constructed near any existing structure or structures on the Site. shall, prior to commencing any such construction, provide City, at its request, vyith a report prepared by an independent third -party professional engineer confirming the structural integrity or the existing structure or strut -tares following the constriction of the Rase Station. g. Lessee shall restore in compliance with the Federal Americans kith Disabilities Act (and anti state or local law counterpart or implementation thereof) are of Lessor's facilities physically altered by Lessee's work. h. Lessee shall be allowed to make further additions, alterations and improvements to the Base Station and Monopole with the Leased Premises without Lessor's prior written consent. subject to obtaining the needed coning approvals from the Cite. i. It is understood by that belOre constructing any Monopole and Base Station on the Site, will have to obtain the needed ioning approvals from the City. 8. OPF,RATION OF BASE STATION: Lt. Lessee and the Carriers shall operate the Base Station in strict compliance with all applicable statutes, codes (including the Cit-'s Zoning Ordinance), rules, regulations, standards and requirements, whether currently in force or subsequently adopted, of all federal, state and local governmental boards, authorities and agencies including, without limitation, OSIIA (including, without limitation, OSIIA regulations pertaining to RF radiation), the FCC and the FAA. as well as such reasonable rules and regulations which Lessor rnav publish for the site from time to time. Lessee has the responsibility of carr}ing out the terms of its FCC license in all respects. including, without limitation. those relating to supporting structures, lighting requirements and notification to FAA. Lessee. prior to constructing the Base Station, shall have. and shall deliver to Lessor, copies of all required permits, licenses and consents to construct and operate the Base Station. In the event that the operation of the Base Station violates any of the terms or conditions of this Lease, Lessee agrees to suspend operation of the Base Station %whin twenty -four (24) hours after notice of such violation and not to resume operation of the Base Station until such operation is in strict compliance with all of the requirements of this Lease. Lessee shall he responsible for ensuring that each Carrier complies with the terms of this Section 8. b. Other than with respect to entries established pursuant to the Initial Construction Schedule and Monopole, prior to am entr} upon the Leased Premises, Lessee shall provide not less than one (1) business day prior notice to Lessor which notice shall specify the type of work or other activities that are to be performed or undertaken on the Leased Premises or which maN impact the Site. Lessor shall have one (1) business day after receipt of the notice to advise Lessee that the proposed work «ould conflict with Lessor's use of the Site and such notice shall include dates and times that the proposed work may be rescheduled. Lessee further agrees and covenants that the Base Station, transmission lines and appurtenances thereto, and the construction, installation, maintenance, operation and removal thereof. will in no way damage Lessor's property or materially interfere «wh the use of the Site b� Lessor, its successors and assigns. Notwithstanding the foregoing. Lessee agrees ti) to repair an} damage caused to the Site or the Leased Premises, including, but not limited to, an% damage to utility lines, drains, waterways, pipes, grass fields or payed surfaces by such installation, construction, maintenance, operation or removal to the condition the Site or the Leased Premises was in immediately prior to such damage. (ii) that anti repair work undertaken on the Site or the Leased Premises shall he coilipleted as soon as possible after the occurrence Of such damage, (iii) that if Lessee's activities on the Site or the Leased Premises result in the need to restore or replace any grass areas, such areas shall be sodded, rather than seeded, and (iv) that it shall be responsible for the full and timely payment of an} costs incurred in connection %yith the repairs described in clauses (i) through (iii) or this sentence. C. If, after the execution of this Lease. Lessee is unable to operate the Base Station due to the action of the F.C.C. or bti reason of any law, physical calamity, governmental prohibition or other reasons beyond Lessee's control, this Lease may be terminated b� Lessee by giving Lessor thirty (30) dais' prior notice of termination, subject to Lessee's restoration Obligations under Section 4b hereof. -13- 9. PERMITS AND SITE: SPECIFIC.L\TIONS- It is understood and agreed by the parties that Lessee's ability to use the leased Premises is contingent upon its obtaining after execution of this Lease, all of the certificates, permits and other approvals that may be required by federal., state or local authorities for Lessee's use of the Leased Premises as set forth in this Lease. Lessee shall use all reasonable efforts promptly to obtain such certificates, permits and approvals, at Lessee's sole expense. Lessor will cooperate reasonably with Lessee at Lessee's sole cost and expense, in its effort to obtain such approvals. In the event any such applications should be finally rejected or any certificate, permit, license or approval issued to Lessee is canceled, expires or lapses, or is otherwise withdrawn or terminated by governmental authority, or soil boring tests are found to be unsatisfactory so that Lessee will be unable to use the Leased Premises for the purposes set forth herein, either Lessee or Lessor shall have the right to terminate this lease by giving the other party thirty (30) days' prior notification of termination whin sixty (60) days after the date of the event which is the basis of termination. lipon such termination, the parties shall have no further obligations for charges and liabilities wvhich accrue after the effective date of termination under this Lease. including the payment of monies, to each other except as otherwise provided herein, but Lessee shall be liable to restore the Leased Premises in accordance %with Section 4b. 10. INDEMNIFICATION Lessee shalt defend, with counsel acceptable to Lessor, and indemnify and hold harmless. Lessor from all losses, costs, claims. causes of actions. demands and liabilities arising from (a) any breach by Lessee of any covenant of this Lease; (b) any misrepresentation b� Lessee contained in this Lease and or am breach of any warranty contained in this Lease; and (c) any occurrence, of any kind or nature, arising from (1) Lessee's or any Carrier's construction, installation, maintenance. repair, operation. replacement or removal of the Base Station or any other equipment, or any other activities of Lessee or any Carrier on the Site or the Leased Premises ofanw kind or nature. (ii) the condition of the Base Station or the Leased Premises and (iii) any personal injury, death. or accident in any �,aay related to Lessee's or any Carrier's use. operation or maintenance of the Leased Premises, the Site, the Base Station, or any equipment or antennas contained therein or on the Monopole or the Leased Premises. Such indemnification shall include the actual, reasonable and documented cost of investigation, all expenses of litigation, and the cost of appeals. including. %vithout limitation, attorneys' lees and court costs, and shall be applicable to Lessee's and each C'arrier's activities on the Site and the Leased Premises Nrhether prior to the Commencement Date or after the termination of this Lease. In addition to lessor, Lessor's City Council members, stall. officers. agents, servants. employees. volunteers. business invitees, customers and guests shall be beneficiaries of, Lessee's indemnification. 11. BOOKS AND RfVORDS To the extent necessary to determine s compliance with this Lease or to carry out the City's authority to manage its property, shall make available to the City for inspection, examination and/or audit upon reasonable prior notice to such complete and accurate books of account. records, documents and other information as the -14- Cite mac reasonable need Keith respect to any sublease. including, without limitation. books of account, records, documents and other information adequate to enable to demonstrate, at all times throughout the Tenn that it is. and has been, in compliance kith each term and condition of this Lease. If the inspection, examination and.'or audit reveals a discrepancy of greater than ; °,o, then in addition to the late charges and penalties due hereunder shall reimburse the City for all reasonable and actual costs associated with the inspection, examination and`or audit. 12. IN- H"'RFI:RI NC'L:: a Lessee agrees to install (and shall cause the Carriers to install) equipment of a type and frequency Nyhich vgill not cause frequcnce interference «ith other forms of radio frequenc) communications existing on Lessors property as of the date of' this Lease (so long as reasonable prekalent). All such equipment shall fully comply with all FCC, FAA. OSHA and other goyernmerntal (whether federal, state. or county) rules and regulations. b. In the event Lessee's equipment causes such interference. Lessee agrees it "vill take all steps necessary, or shall cause all such steps to be made, to correct and eliminate the interference consistent with all government rules and regulations upon receipt of \mtten notification of the interference. Lessee shall be obligated ,and shall cause each Carrier, to correct the problem of interference arising from Lessee's equipment within the Base Station within teeo (2) business days ofreceipt ofNeritten notice from Lessor and if the interference is not corrected %ti-ithin five (5) business dais of receipt of notification (or such time as may reasonable be required kith exercise of due diligence provided such repairs are begun within said five (5) business days), such Carrier's equipment caus1112 such interference shall be disconnected, turned off or removed from the Leased Premises. C. In the event Lessor's equipment at the Site causes frequency interference, Lessee and Lessor a��ree to cooperate to take all steps necessary to correct and eliminate the interference consistent with appropriate government rules and regulations upon receipt ol-written notification of the interference from either party. lessor shall he obligated to respond to the problem of interference arising from Lessor's equipment at the Site within mo (2) business days of receipt of �+ ritten notice from Lessee. If the interference is not corrected wthin five (5) business dues of receipt of notification (or such time as may reasonably be required v,ith exercise ofdue diligence provided such repairs are begun within said fire (5) business days), then, at Lessors sole; cost and expense. Lessors equipment causing such interference shall be immediately disconnected. turned offor removed from the Site. Lessee and Lessor understand and agree that in the event its determined that the interference is caused by the unlicensed spectrum bein <( used be Lessor at the time of execution of this Lease, I.essor shall be under no obligation to replace the unlicensed spectrum with a licensed spectrum to correct the interference. 13. DEFAULT: a. Each of the following shall be an event of default be Lessee under this Lease: -i5- I . if the rent or any installment thereof shall remain unpaid after it becomes due and payable, and is not paid within five (5) business days after Lessor g11% es tivritten notice of non - payment; abandons the Leased Premises as a whole or abandons the Site for a period of more than twelve (12) consecutive months; iii. (f Lessee or its assigns shall fait or neglect to keep and perform any one of the terms of this Lease and such failure or neglect continues for more than thirty (30) days (or such longer period as may be reasonable, provided Lessee is attempting a cure with all due diligence, not to exceed one hundred twenty ( 120) days plus anti period of where cure is prevented by /Wvc mnjeurc) after Lessor gives written notice specifying the default; iv. If Lessee files a petition in bankruptcy or insolvency or for reorganization or arrangement under the bankruptcy laws of the United States or under any insolvency act of any state. or is dissolved or makes an assignment for the benetit of creditors, or if involuntary proceedings under any bankruptcy laws or insolvency act or for the dissolution of Lessee are instituted against Lessee, or a receiver or trustee is appointed for all or substantially all of L.essee's property. and the proceeding is not dismissed or the receivership or trusteeship is not vacated within sixty (60) days after institution or appointment. V. If any final judgment or judgments in an aggregate amount (including interest and costs) of more than S500.000.00 is entered against _ __. and any such judgment or judgments shall not have been paid or othei�yise discharvaed within sixty' (60) days after all applicable appeal periods have terminated b. In the case of any event of delIault. City shall have the right to terminate this Lease upon thirty (30) days notice and shall have any additional rights and remedies that may be available at law or in equity. C. The foregoing notwithstanding. in the event of any such default by Lessee hereunder, such shall not provide Lessor the right to attach, utilize_ distrain upon or otherwise take possession of any equipment located on the Monopole or % %ithin a Base Station owned by am Carrier. and such shall at all times be free from any claim by Lessor hereunder. d. It the City obtains a judgment, writ of mandamus, or an injunction to enforce any provision of this Lease, shall pay the City its actual and reasonable cost of litigation, including a reasonable attorney's fec and expert witness tees. c. 11' Lessor shall fail or neulect to keep and perform each and e� ery one of the covenants, conditions and agreements contained herein, and such failure or neglect is not remedied ��lthin thirty (30) day's (-or such longer period as may reasonably be required to correct the default with exercise of due diligence not to exceed one hundred twenty (120) da%'s plus any period of where cure is prevented by lorce majeure), after written notice from Lessee specifying the default, then Lessee may pursue any tegal remedies available to Lessee. including the right to terminate this Lease. - Ib- 14. INS( _,R.A C'F RFQI'IRF'','IFNTS. a. All property of Lessee, its employees, agents. business ineitees, licensees, customers, clients, guests or trespassers, including, without limitation; the Carriers, in and on the Leased Premises shall be and remain at the sole risk of such party, and Lessor shall not be liable to them for any damage to, or loss of such personal property arising from any act of God or any persons, nor from any other reason, nor shall Lessor be liable for the interruption or loss to Lessee's business arising from any of the above described acts or causes. Lessor shall not be liable for any personal injury- to Lessee, its employees, agents, business ineitees, licensees. customers, clients, guests or trespassers, including, without limitation, the Carriers, arising from the use, occupancy and condition of the Leased Premises unless such injury is Caused by the gross negligence or A III ful act on the part of lessor or its emptoyees. b. During the term, Lessee will maintain a policy of commercial general liability insurance insuring I <essor and Lessee against liability arising, out of the use, operation or maintenance of the Leased Premises and the installation, repair, maintenance, operation, replacement and removal of the Base Station. The insurance will be maintained for personal injury and property damage liability, adequate to protect Lessor against liability for injury or death of any person in connection with the use, operation and condition of the Leased Premises, and to insure the performance of Lessee's indemnity set forth in Section 10, in an amount not less than TWO ',IILLION DOLLARS (52,000.000.00) per occurrence'aggregatc. During the term, Lessee shall also maintain workers' compensation and employers' liability insurance, and such other insurance relating to the installation, repair, maintenance.. operation, replacement and removal of the Base Station, and the ownership, use, occupancy or maintenance of the Leased Premises as lessor may reasonable require. The limits of the insurance will not limit the liability of Lessee. If Lessee fails to maintain the required insurance Lessor may, but does not have tip, maintain the insurance at Lessee's expense. The policy shall expressly provide that it is not subject to invalidation of Lessor's interest by reason of any act or omission on the part of Lessee c Insurance carried by Lessee will be with companies acceptable to Lessor. Lessee will deliver to Lessor certificate evidencing the existence and amounts of the insurance. No policy shall be cancelable or subject to reduction of coverage or other modification except after Sine (60) days prior written notice to lessor. Lessee shall. at least sixty (60) days prier to the expiration of the policies, furnish Lessor "ith renewals or "binders" for the policies. or I e_;sor may order the required insurance and charge the cost to Lessee. d. Lessee will not knowingly do anything or permit anything to be done or any hazardous condition to exist c1ricreased Risk ") which shall invalidate or cause the cancellation of the insurance pokcie carried try Lessor or Lessee. If Lessee does or permits any Increased Risk which directly causes an increase in the cost of insurance policies, then Lessee shall reimburse Lessor for additional premiums direk tl� attributable to any act, omission or operation Of Lessee causing the increase in the premiums. Paement of additional premiums will not excuse Lessee from termination or removing the Increased Risk unless Lesser agrees in writing. =Absent agreement, Lessee shall promptly terminate or remove the Increased Risk. e. Lessor shall be named as an "additional insured" on Lessee's liability policies. - 17- f. Notwithstanding an provisions herein to the contrary, Lessee %valves all rights to recover against lessor for any loss or damage arising from any cause covered by any insurance required to be carried by Lessee pursuant to this Section 14, or any other insurance actually carried by Lessee. Lessee will request its insurers to issue appropriate waiver of subrogation rights endorsements to all policies of insurance carried in connection yyith the Leased Premises. If an "ACCORD" Insurance Cetlificate form is used by Lessee's insurance agent. the %cords. --endeavor to" and "...but failure to mail such notice shall impose no obligation or liability of amp kind upon the company" in the "Cancellation" paragraph of the term shall be deleted or crossed out. h. All insurance required by this Section 14 shall be written by insurers, in such forms, and shall contain such terms, as Lessor may reasonably require. i. AnN deductible or self - insured retention applicable to required coverages shall be paid by and the City shall not be required to participate thereytiith. j. Ilse insurance required of _ herein shall be primary. and any insurance or self- insurance maintained by the City shall be in excess of the insurance required of and shall not contribute therewith. k. 's liability to the City shall not be limited to the amounts of the insurance coverage provided herein. I. Not�,whstanding anv of the other provisions of this I -ease. _ s failure to maintain the required insurance coverage throughout the tern of this Lease is grounds for the immediate termination of this Lease without prior notice. tn. Nothing contained herein shall effect, or shall be deerned to affect, a �,�aiver of the City's sovereign immunity under lave. 15. 1IA7ARDOt 1S MATERIALS: a. Neither Lessee nor any Carrier shall cause or permit any hazardous or toxic wastes, substances or materials (collectively, "Hazardous Materials ") to be used, generated. stored or disposed of on. under or about. or transported to or from, the Leased Premises (collectively "Hazardous Materials Activities") vythout first receiving Lessor's written consent, %yhich may be �yithheld for arty reason whatsoever and which may be revoked at any time, and then only in compliance (_Ouch shall be at Lessee's sole cost and expense) with all applicable legal requirements and using all necessary and appropriate precautions. Lessee shall indemnifv, defend with counsel acceptable to Lessor and hold Lessor harmless from and against any claims, damages, costs and liabilities, including court costs and legal fees, arising out of Lessee's or Carrier's hazardous Materials Activities on, under or about the Leased Premises, regardless of ��hether or not Lessor has knowledge of Lessees Hazardous Materials Activities. For the purposes of this Lease, Hazardous 'Materials shall include but not be limited to oil, radioactive materials. PCBs, and substances defined as "hazardous substances' or "toxic substances" in the - 18- Corrtprehcnsi�e Environmental Response. Compensation and Liability Act of 1980, as amended. 42 U,S.C. Sec. 9601 etse ,: Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et sue; and Resources Conservation and Recover} Act, 42 U.S.C. Sec. 6901 et se q., and those substances defined as "hazardous wastes' in the regulations adopted and publications promulgated pursuant to said laws. Subject to the foregoing, provisions of this Section, shall, prior to the Commencement Date. submit to City for City's review and approval a list of Hazardous Materials Activities, including types and quantities, which list to the extent approved by City shall be attached hereto as hxhibit C. Prior to conducting any other llazardouS Materials Activities. Lessee shall update such list as necessary for continued accuracy. Lessee shall also provide Lessor with a copy of any Hht7ardous Materials inventory statement required by any applicable legal requirements. If Lessee's activities violate or create a risk of violation of any legal requirements, lessee shall cease such activities immediately upon notice from Lessor. Lessor, Lessor's representatives and employees may enter the Leased Premises at any time during the term to inspect Lessee's compliance herewith, and may disclose any violation of legal requirements to any governmental agency with jurisdiction. The provisions of this Section 15 shall survive termination or expiration of the term of this Lease. b. Lessor acknowledges that Lessee's or the Carriers' equipment cabinets may contain batteries and fuel tanks for back -up po«er, other sealed batteries, petroleum fuels, engine oil, antifreeze, HVAC refrigerants, fire suppression devices, fluorescent lighting, electrical equipment components and that, provided Lessee's or such Carrier's use of same is in compliance with this provision, the presence of such batteries or fuel tanks and other items does not violate this provision and shall not require any turther consent from Lessor if such batteries or fuel tanks and other items comply with all regulations and ordinances relating to I- la-zardous Materials. C. Lessee will immediately notify Lessor and provide copies upon receipt of all ymitten complaints. claims, citations, demands, inquiries. reports, or notices relating to the condition of the Leased Premises or compliance with envirotuncntal laws. Lessee shall promptIN cure and have dismissed with prejudice any of those actions and proceedings to the satisfaction of Lessor. Lessee will keep the Leased Prc-mise.s free of any lien imposed pursuant to any environmental laws. d. Lessor shall have the right at all reasonable times and from time to time to conduct environmental audits of the Leased Premises, and Lessee shall cooperate in the conduct of those audits. The audits may be conducted by Lessor or a consultant of Lessor's choosing, and if any hazardous Materials generated. sTored. transported or released by Lessee are detected or if a violation of any of the representations or covenants in this Section 15 is discovered, the fees and expenses of such consultant will be bome by L.essee. e, If Lessee fails to comply with any of the foregoing represemation and covenants, Lessor may cause the removal (or other cleanup acceptable to I- essor) of any Hazardous Materials from the Leased Premises. The costs of removing Hazardous 'Materials and any other cleanup (including transportation and storage costs) shall be reimbursed by Lessee promptly after Lessor "s demand and will be additional rent under this Lease. Lessee will give Lessor access to the Leased Premises to remove or otherwise clean up any Hazardous Materials. Lessor, - 19- however, has no affirmative obligation to remove or otherwise clean -up any Hazardous iMaterials, and this Lease will not be construed as creating anti such obligation. f. Notwithstanding the foregoing. Lessor represents and warrants that to the best of its knowledge and belief there are no Hazardous '.Materials on, in or under the Site. Lessor covenants not to bring onto the Site any Hazardous Materials. 16. NO PARINERSHIP: Nothing contained in this Lease shall be deemed or construed to create a partnership or joint venture of or between Lessor and Lessee, or to create anv other relationship between the parties hereto other than that of lessor and lessee. 17. NOTICES: All notices, payments, demands and requests hereunder shall be in writing and shall be deemed to have been properly given three (3) days after the date when mailed by the United States Postal Service by First Class, Registered or Certified Mail, postage prepaid, or upon receipt when delivered by nationally recognized overnight courier or hand delivery, and addressed to Lessor as follows: City of Roanoke, ATTN: City Manager 364 Noel C. Taylor Municipal Building 21 � Church Avenue, S. V. Roanoke, Virginia 24011 Fax No. 540- 853 -2333 and to Lessee as follows: with a copy. �61ch will not constitute notice to: A ITN: Citti attorney 464 Noel C. Taylor Municipal Building 215 Church Avenue. S. W. Roanoke, Virginia 2401 1 with a copy, by ucli �\ ill not constitute notice to: or to such other addresses as either of the parties may designate from time to time by giving tiyrittcn notice as herein required. 18. 1SSIGNMFNT OR SUBLETTING: FINANCING: a. Lessee may assign this Lease. without Lessor's consent. to any corporation, partnership or other entity which (i) is controlled by, controlling or under common control with Lessee: (ii) shalt merge or consolidate with or into Lessee: (iii) shall succeed to all or substantially all the assets, property and business of Lessee; (iv) in which or — ------ or a wholly owned affiliate of or is at all times the general partner, managing member or majority shareholder; or (v) has an adjusted net worth (determined in accordance with generally accepted accounting principles consistently applied) of at least $100,000,000. Any assignment as a result of a merger or consolidation under paragraphs (i), (ii), (iii) and (iv) above, must be to an entity into which is merged or consolidated and such entity shall have a tangible net worth equal to or greater than as of the date of this Lease and such entity shall be fully bound by the all of the terms and conditions of this Lease. In the event of such an assignment or sublease, Lessee shall provide to Lessor at least sixty (60) days before the proposed transfer (a) the name and address of the assignee and (b) a document executed by the assignee by which it acknowledges the assignment and assumption of all of Lessee's obligations hereunder and (c) such other information regarding the proposed assignee as shall be reasonably requested by City. Lessee may also, without Lessor's consent, sublease or license portions of space on the Monopole and within the Base Station to Carriers in accordance with and subject to the terms and conditions of Section 18c hereof. Any assignee shall each be fully and primarily liable for the obligations of hereunder, b. Lessee may, without Lessor's prior consent, sublease or license space on the Monopole or within the Compound to Carriers under and subject to the terms of this Section 18. Specifically, Lessee shall be entitled to sublease or license space on the Monopole or in the Compound without Lessor's prior approval provided that (a) the Carrier Sublease shall be in a form utilized by Lessee in the ordinary course of Lessee's business, (b) the sublessee is an Approved Carrier (as defined below), (c) no event of default exists hereunder, (d) the term of the Carrier Sublease does not exceed the term of this Lease and (e) submits an engineering report to City definitively shmklng that the Monopole is capable of supporting the proposed Carrier, Otherxvise, any kase, suhL:ase. license or other occupancy agreement with respect to any Site shall be in form apprmed by Lessor, which approval may be p%,,.:n or withheld in Lessor's sole and absolute discretion. As used herein, the term "Approved Carrier' shall mean a telecommunications sera ice provider licensed by the F.C.C. and any other governmental agencies for which approval is needed to conduct such company's business C. The termination of this Lease shall automatically terminate all Carrier Subleases that are applicable to same Site. d. Lessee shall cause the Carriers to comply with, and not violate, the terms and conditions of this Lease. Lessee shall enforce all of the terms and provisions of any Carrier subleases, licenses or other similar documents (each, a "Carrier Sublease") Without limiting the generality of the foregoing. Lessee shall exercise any or all of its rights and remedies under the Carrier Subleases immediately if requested to do so by Lessor. Lessee shall, at its sole cost and expense, perform all obligations of the landlord under the Carrier Subleases, Lessor shall have no liability whatsoever under the Carrier Subleases, e. Lessee shall have the right to finance the Monopole and Base Station on the terms and conditions as are set forth on Exhibit 1) attached hereto: provided that this Lease shall be ME prior to, and shall have priority over, all deeds of trust, liens. or encumbrances granted or suffered be and its successors and assigns. 19. .ACCESS ANI) INSPECTIONS: Lessor shall have full access to the Leased Premises and the [lase Station for operating. repairing, removing, installing and otherwise working with communications equipment owned by Lessor or any third party permitted to use the Base Station pursuant to this Lease with the exception of Lessee's or Carriers' equipment and antennas. In addition, Lessee shall alto% Lessor, upon prior notification to Lessee and with an escort by an agent of Lessee or without notice in the event of an,, emergency, to enter the Leased Premises or any part thereof at anti reasonable time and in a manner so as not to interfere more than reasonable necessare with Lessee's use of the Base Station, for the purpose of inspecting the Leased Premises. In the went of an emergency whereby Lessor enters the Leased Premises, Lessor shall give notice to Lessee of such entry immediately following such emergency. Lessee shall at all times pros ide Lessor copies of all keys needed to unlock all of the gates and locks to the fences to the Compound or in the Leased Premises. 20. QUIET ENJOYMENT: Lessee shall be entitled to use and occupy the Leased Premises during the term hereof' for the purposes herein permitted and subject to the terms and conditions herein contained, vyithout molestation or interterenee by Lessor. City min, however. �Nithout the requirement for payment of any compensation to lease one ( I ) platform on the Monopole in accordance with Section 3.c of this Lease. 21. DAMAGE AND of :STRUC'1'ION a. If the Leased Premises or the Base Station are damaged or destroyed by reason of fire or any other cause, or if damage to the Leased Premises or the Base Station causes damage to portions of the Site or other property of Lessor, Lessee will immediately notity Lessor and X011 promptly repair or rebuild the Base Station, incidental improvements. and other damage to Lessor's property to its condition immediately prior to such damage, at Lessee's expense. b. 'Monthly rent and additional rent will not abate pending the repairs or rebuilding except to the extent to which Lessor receives a net stun as proceeds of any rental insurance, or continues to receive income from Carrier Subleases. C. If at any time the Leased Premises or Base Station are so damaged by fire or otherwise that the cost of restoration exceeds fifty percent (504,;) of the replacement value of the Base Station immediately prior to the damage, Lessee may, within thirty (30) days after such damage, give notice of its election to terminate this Lease and, subject to the further provisions of this Section 21, this Lease vyill cease on the tenth (10th) day after the delivery of that notice. Monthly rent will be apportioned and paid to the time of termination. If this Lease is so terminated. Lessee x�ill ha%e no obligation to repair or rebuild. Not%%ithstandino the foregoing. if Lessee elects to terminate this Lease. Lessee shall be required to comply with the provisions of Section 4b %wh respect removing and dismantling each component of the Base Station and returnirnu the Leased Premises to the condition stated in such section. 22. CON DE INATION: If all or anv part of the Leased Premises is taken by eminent domain or sale in lieu thereof, and if said taking or safe renders the Leased Premises unusable for its intended purpose hereunder, then, at Lessor's or Lessees option. this Lease may be terminated upon sixt% (60) days prior % notice to the other pant and there kill be no further pa) ment of rents fur the Site except that «hich may have been due and payable at the time of said taking or sale. In the event of a partial taking„ or sale of the Site and Lessee, subject to mutual agreement �i ith Lessor. wishes to maintain its operation, Lessee may continue to use and occupy the Compound and Leased Premises under the terms and conditions hereunder, provided Lessor's and I_.essee's obligations under this Lease are not otherwise altered, and provided Lessee, at its sole cost, restores so much of the Base Station and Leased Premises as remains to a condition substantially suitable for the purposes for which it Nyas used immediately before the taking. Upon the completion of restoration, Lessor shall pay Lessee the lesser of the net a��ard made to Lessor on account of the taking (after deducting from the total award attorne%s', appraisers -, and other costs incurred in connection �yith obtaining the award), or I.cssee's actual out -of- pocket cost of restoring the Leased Premises. and Lessor shall keep the balance of the net award. In connection �yith am taking subject to this Section, Lessee ma, prosecute its o�yn claim. by separate proceedings against the condemning authority for damages leuall% due to it (such as the loss of fixtures which Lessee ryas entitled to remove and moving expenses) only so long as Lessee's ati,ard does not diminish or otherwise adversely affect Lessor's award. 23. SALE Of, ' S f1=: ;any sale by Lessor of all or part of the Leased Premises to a purchaser other than Lessee shall be under and subject to this Lease and Lessees right hereunder. Lessor shall be released from its obligations under this Lease in the event of a sale and the assignee assumes Lessors oblivations hereunder (including the recognition of L.essec"s rights hereunder 24. GOVER\ING LAW: The execution, performance and enforcement of this Lease shall be governed b� the laws of C'ornmom%ealth of Virginia without application ol'conflicts of lacy principles. Am legal action or proceeding �yith respect to this Lease or any document related hereto or thereto shall be brouuht in the courts of the State of V'ir,-,inia in the Cite of Roanoke and in no other courts. 25. NMISCELLA\EOUS: This Lease plus the Exhibits hereto contain the entire agreement between the parties and may not he amended. altered or otherwise changed except by a subsequent writing signed by the parties to this Lease. The invalidation of any our of the terms or provisions of this Lease by judgment or court order shall in no way affect any of the other terms of this Lease which shall remain in full force and effect. Lessor and Lessee agree to execute any additional dOCLlmciltS necessary to further implement the purposes and intent of this Lease. Time is of the essence with respect to each provision of this Lease. The headings contained in this Lease are to facilitate reference only, do not form a part of this Lease. and shall not in any way affect the construction or interpretation hereof. Terms such as -hereby," '-herein, " "hereof," "hereinafter," "hereunder,'" and '`hereto " refer to this Lease as a whole and not to the particular sentence or paragraph %here theti appear. unless the context otherwise requires. The term "may" is permissive; the terms 'shall and "will " are mandatory, not merely directive. All references to any gender shall be deemed to include all others, as the context may require. Terms used in the plural include the singular, and vice versa, unless the context otherwise requires. Nothing in this Lease is intended to interfere with anv tariffs. contracts or other arranuements between the and a third party or between the City and a third party, or to create anv third party beneficiary rights. 26. BIN1)ltiG EFFECT: This lease shall bind and inure to the benefit of the parties hereto and their respective successors and permitted assigns. 27. LESSOR'S RIGHT TO PFRFOR%1 If Lessee fails to perform any obligations under this Lease, Lessor shall be entitled. but shall not be obligrated, to perform any or all of such obligations and any cost ol'perturming same shall he payable by Lessee to Lessor upon N�ritten demand as additional rent hereunder. Any amounts so incurred by Lessor and not repaid by Lessee within ten days after demand shall bear interest at a rate of ten percent (10%) per annum. 28. Not Used. 29. ESTOPPEL CFR HFICAI ES: Within no more than four Nveeks after written request by either party, the other will execute, acknowledge. and deliver a certificate stating a. that the Lease is unmodified and in bill force and effect, or, if this Lease is modified, the tyav in %vhich it is modified accompanied by a copy of-the modification agreement: b. the date to which rental and other sums payable under this Lease have been paid., C. that no notice has been received of am default which has not been cured, or. if the default has not been cured, what such party intends to do in order to effect the cure, and when it ��ill do so: d. (if from Lessee) that Lessee has accepted and occupied the Leased Premises; -1 - e. (if from Lessee) that Lessee has no claim or offset aaainst Lessor, or, iI' it does. stating the date of the assignment and assignee (if kno��n to Lessee): and I" other factual matters as may be reasonably requested. Aviv certificate may be relied upon by any prospective purchaser. lender or other person «ith a bona fide interest in the Leased Premises. 30. AO %VAlVER: No waiver of anti condition or agreement in this Lease b" either Lessor or Lessee k%lll imply or constitute a further waiver b� such party of the same or any other condition or agreement. No act or thing done by Lessor during the term of this Lease will be deemed an acceptance of'surrender of the Leased Premises.. and no agreement to accept the surrender x�ill he valid unless in kN-riting signed b} Lessor. the delivery of Lessee's keys to Lessor ti�ill not constitute a termination of this Lease unless Lessor has entered into a %�ritten agreement to that effect. No payment b� Lessee, or receipt from Lessor, of a lesser amount than the rent or other charges stipulated in this Lease %gill be deemed to he anything other than a payment on account of the earliest stipulated rent. No endorsement or statement on anti check or any letter accompanying any check or payment as rent v ill be deemed an accord and satisfaction. Lessor �1i11 accept the check for payment Nithout prejudice to Lessor's right to recover the balance of the rent or to pursue any other remedy available to Lessor. 31. At I IIORI I Y I- Mach of the persons executing this Lease on behalf of Lessee �iarrants to Lessor that Lessee is a duly organized and existing limited partnership under Dela�tiare la�N, that Lessee is authorized to do business in the Commomcealth of Virginia. that Lessee has full right and authority to enter into this Lease, and that each and every person signing on behalf of Lessee is authorized to do so. Upon Lessor's request. Lessee x %ill provide evidence satisfactory to Lessor confirming these representations. Lessor and the person executing and deti�ering this Lease on Lessor's behalf each represents and .�arrants to Lessee that such person is duly authorized to so act and has the poxNer and authority to enter into this Lease: and that all action required to authorize Lessor and such person to enter into this Lease has been duly taken. 32. LlylffFD I_I.NBILITY: Lessees sole recourse aLlainst Lessor, and atn successor to the interest of Lessor in the Leased Premises. is to the interest of Lessor. and am successor. in the Leased Premises. Lessee v,ill not have any right to satisfy any judgment which it may have against Lessor. or any successor. from any other assets of' Lessor. or any successor, or from any of Lessor's Cite Council members, staff. officers, agents, servants. employees. volunteers, business invitees, customers, or guests. In no event shall Lessor be liable for consequential or punitike damages. economic losses or losses derived from future expected revenues. "I he provisions of this Section are not intended to limit Lessee's right to seek injunctive relief or specific performance 33. Rh.CORDATION: Lessee may record. at Lessee's expense, a memorandum or short form hereof in the form attached hereto as Exhibit E. 34. CONFLICT'S: In the event of any conflict between the terms and provisions of this Lease and any other prior agreement between the parties, this Lease shall control. 35. ENTIRF AGREEMENT This Lease plus the Exhibits hereto contain the entire agreement between the parties and may not be amended, altered or otherwise changed except by a subsequent writing signed by the parties to this Lease. 36. COMPLIANCE WITH APPLICABI F LAW Shall at all times comp(} %%ith all applicable federal, state, and local lays, ordinances, and regulations. including but not limited to the Communications Act. 37. PERM I'S iucludin its contractors and consultants, prior to am construction or work will obtain all appropriate permits therefor, including any application and permit for right - of -way excavation if any streets will be disturbed. 38. COSTS agrees to promptly reimburse City for the costs for any advertisement of required public hearings) related to this Lease agreement, including the consideration of City Council of the vacation of a portion of Preston Park. Pursuant to the laws of the Commonv ealth of Virginia, the City must advertise notice of a public hearing before Roanoke City_ Council twice in a newspaper of general circulation %iithin Roanoke City. signatures contained on 1o11omlig page.j - 'o - IN' WITNESS WHEREOF, the parties hereto executed this Lease in t%w parts on the date; indicated. LESSOR: Cite of Roanoke, Virginia By: Robert S. Cowell, Jr., City NTanager Date: CO MONWFALTII OF VIRGINIA To-wit: CITY COL-N IN OF The foregoing instrument was acknov�ledged before me this _day of _ My Commission expires: Appro;ed as to Form: Assistant City Attorney° :authorized hti Ordinance No. lotar� Public SEA1, \ppro%ed as to Execution: Assistant Cit,, Attorney, [Signatures continue on tollor�ing page.] hN LF'Ssf-T, fic .., Date: - ('0.% 1 %ION W11AL'I II OFVIR(JINIA 'I o-,,% it: (Tl'Y'('MA* VY OF The foregoing instrument Naas ackno%dedued bet'()rc me tlil,,, ----Clay ot, hti ,Mti Commission expires: Notarti Public S FA 1, DR. -AFT August 6, 2018 EXHIBI "C A Description of Site MN OU NOSWV1111M DRAFT :august 6. 2018 EXfIIBIT A-I Monopole Location; Description of Leased Premises x LU z Ul z co < UJ UJ C) < 1 LLJ +I W C14 I z LU uj -j Y. z OFC DRAFT .August b. 2018 EXHIBIT B Easements [To be determined.] EXHIBIT C Hazardous Materials • Lead acid hatteries • Diesel or propane emergence power generators) with fuel tank(s) • Sealed batteries • Petroleum fuels • En,ine oil • lntih-ccze • HVAC refrigerants • Dire suppression devices • FluoresceIlt lighting • Electrical equipment componcnts DRAFT Au>;ust 6. 2018 E!t}IIBIT D .Mortgagee Provisions Equipment Financing. Lessor acknowledges that Lessee may in the future enter into a financing arrangement including promissory notes and financial and security agreements for the financing of the Monopole and Base Station and that Lessee's tenants. lessees or licensees may have entered into (or may in the future enter into) such financing arrangements for the financing of their equipment installed as part of the Base Station (collecti%ek, the `'Collateral ") . prop ided that this Lease shall be prior to, and shall hati e priority m er, all deeds of trust, liens, or encumbrances granted or suffered bti _ and its successors and assigns. In connection therewith, Lessor (i) consents to the installation of the Collateral (subject to the terms and provisions of the Lease): and (ii') disclaims any interest in the Collateral, as fixtures or other�yise. Leasehold Financing. Notwithstanding anything to the contrary contained in this Lease. at any time and from time to time Lessee may mortgage, pledge and encumber its interests in this Lease and in any subleases. and assign this Lease and any subleases, licenses and other occupancy and use agreements as collateral security for such morwage(s). The making of a leasehold mortgage (or any other such assignment, pledge or encumbrance) shall not be deemed to constitute a prohibited assignment of this lease, or of the leasehold estate hereby created. nor cause the holder of the leasehold mortgage (a "Mortgauee) to be deemed an assignee of this Lease. Such Mortgagee (or its nominee) shall be deemed an assignee of this Lease only at such time it succeeds to Lessee's interest in this Lease b} foreclosure of an% leasehold mortgage, or assignment in lieu of the foreclosure. or if it exercises or attempts to exercise any rights or pri%ileges of Lessee under the Lease. I,7pon such succession such Mortgagee (or nominee) shall he bound by the terms of this I:ease. Notwithstanding the foregoing, 'Mortgagee or such successors shall be liable for all rent due under the Lease, and for curing ariv breaches or defaults �yhich continue after the Mortgagee or such successor acquire Lessee's interest in this Lease. \otvyithstanding arrtithing to the contran contained in this Lease, anti Mortga_cc (or other person or entit%) that succeeds to Lessee's interest in this Lease b% Nya� of foreclosure. assignment in lieu of foreclosure or the exercise of am other remedies relating to the enforcement of any leasehold mortgage ma} assign this Lease to any telecommunications compan it assets in excess of One hundred %IiIIlon Dollars ($100.000.000) and upon such assignment, such assienor shall be bound b% the terms of this Lease. 'When used in this Lease. "mortaage- shall include ,yhate%er security instruments are used in the loealit% of the Premises. such as. without limitation, mortgages, deeds of trust, security deeds. and conditional deeds, as well as financing statements, securit" agreements, and other documentation required pursuant to the uniform Commercial Code or successor or similar legislation. If a Mortgagee shall send to Lessor and its counsel a true eop� of the leasehold mortgage, to,!ether wth written notice specifying the name and address of the Mortgagee and the pertinent recording data with respect to such leasehold mortgage, Lessor agrees that the follov ing provisions shall apply to such mortgage so long, as the leasehold mortgage has not been released b, the Mortgagee: No Modification/No Merger. There shall be no cancellation. surrender or modification of' this Lease by Lessor and Lessee �yithout the prior consent in writing of each Mortgagee, If the leasehold interest under this Lease shall ever be held by the sarne person or party who then holds the reversionary interest under this Lease, no mercer shall result therefrom and both the leasehold and reversionary interests shall continue. Notice,'Cure. Lessor shall, upon serving Lessee with any notice of default or other notice provided for in this Lease, simultaneously serve a copy of such notice upon the Mortgagee and no such notice to Lessee shall be effective unless a copy of such notice is so served on the Mortgagee. Upon receipt of such notice the Mortgagree shall have the same period, after and commencing upon receipt of such notice, to elect (in its sole discretion) to remedy or cause to be remedied the defaults complained of, and Lessor shall accept such performance as if the same had been done by Lessee. Termination. Upon any termination of this Lease, at the election of the 'Mortgagee, Lessor trill promptly enter into a new lease of the Premises with such Mortgagee or its nominee for the remainder of the term of the Lease, cffective as of the date of such termination at the rent and upon the terms, provisions, covenants, and agreements as herein contained. provided: Such Mortgagee(s) or its nominees) shall make written request upon Lessor for such nett lease within thirty ( W) days alter the date of such termination; Such Mortgagee(s) or its nominees) pay to Lessor at the time of the execution and deliver} of such new lease any sums that would at the time of the execution and delivery thereof be due pursuant to this Lease hilt for such default or termination (e.g., excluding all, if any, accelerated rent). less one -half (112) of the net income collected and retained by Lessor subsequent to the date of termination of this Lease and prior to the execution and delivery of the new lease, and Upon the execution and delivery of such nett lease- all subleases, licenses and other occupancy and use agreements that theretofore may have been assigned and transferred to Lessor shall thereupon be assigned and transferred by Lessor to the 'Mortgagee or its nominee. and assumed by the Mortgagee or nominee, and such party shall indemnify and hold Lessor harmless from and apainst any further liability thereunder, lessor herc;by agrees that, with respect to any such sublease so assigned. Lessor ttilf not modify or amend any of the terms or provisions thereof, during the period bemeen the expiration or termination of this Lease and the execution and delivery of a new lease. :application of Certain Proceeds. The Mortgagee may resenc the right to apply to the mortgage debt all or any part (_,f Lessee's share of the proceeds from anv insurance policies or arising from a condemnation. DRAFT .August 6, 2018 EXHIBIT E Memorandum of Lease MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE is entered into as of the _ dati of 20_, by and heween _ a ("Lessee'), and a -(-Lessor"). - - -- - RECITAt,S: ,A. Lessor and Lessee are parties to a Site Lease Agreement, dated _ 2018 (the "Lease "'), pursuant to which Lessor has leased to Lessee certain real property in the Cite of Roanoke, Virginia described in Exhibit "A" attached hereto. 13. Lessor and Lessee wish to enter into this Memorandum of Lease. NOtV, THEREFORE, in consideration of the premises, the sum of Fiye Dollars ($5.00) and other good and valuable consideration, the receipt and sufficiency of �0hich is hereby acknowledged, Lessor and Lessee hereby agree as foltmvs: L The naive of the lessor under the lease is the City of Roanoke. Virginia, a body corporate and politic. 2. fhe name of the lessee under the Lease is 3. The address of Lessor, Lis stated in the Lease, is _ Attn: The address of Lessee, as stated in the Lease, is 4. The leased premises, as described in the Lease, consists of a portion of the property tmned by Lessor located at 3 137 Preston Ay e N X, Roanoke, VA 24012 and as more particularly described on the attached Exhibit A. 5. The term of the Lease is ten (I 10) years. The date of commencement of the term of the Lease was 2018, and the date of termination of the term of the Leese is ten (10) years thereafter, Subject to any applicable rene�ial period. 6. Provided lessee is not in default under the Lease bevond any applicable cure period. Lessee may renew the Lease for four (4) 11%e-year renewal periods, to commence at the end of the initial term of the Lease. Accordinui�, the latest date to �kliich the term of the Lease may he extended is (SIgIhrtures COWiMW o ,*a t1W fdllotirill ? [�u�reS) IN WITNESS WHEREOF. the undersigned I.LSSI�E has duly executed this Memorandum of Lease under seal as of the first dates tat ed above. ATTEST: B Date: CONMNIONWEALTH OF VIRGINIA 1 TO WIT: COUNTY OF I hereby certify that on this da- of _ 2018, before me, a Notary Public for the state and county aforesaid, personall% appeared _ kno%in to me or satisfactorily pro%en to be the person vchose name is subscribed to the foregoing instrument, and acknoMedged that he executed the foregoing instrument, acting in his capacity as President of for the purposes therein set firth. Notary Public M', C'omrrmission Lxpires. I\ WITNESS NN'HEREOF. the undersigned LESSOR has duly executed this �lemOranduIII Of Lease under seal as of the first date stated ahoy e. ATTEST: .a fly: Name: Title: COMMONWEALTH OF VIRGINIA ) TO NVIT: COUNTY OF l I hereby certify that on this day of 20---, before me, a !rotary Puhlic for the state and county atoresaid, personally appeared _ known to me or satisCactorily proven to he the person whose name is suhscribed to the foregoing instrument, and acknowledged that he executed the foregoing instrument, acting in his capacity as of_ fur the purposes therein set forth. Notary Public Nlt Commission Vxpires: DRAFT Au"ust 6. 2018 Exhibit A to Memorandum of Lease (Le«al Description) STEPIIANIE M. MOON REYNOLDS, MMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail clerk @roanokeva.gov August 24, 2018 Ricky Mitchell 436 Walnut Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Mitchell: CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy City Clerk Your Petition for Appeal in connection with the decision of the Architectural Review Board at its meeting on June 14, 2018, denying your amended Certificate of Appropriateness application for replacement of the existing slate roof on the house and detached garage with architectural shingles; and damaged soffit panels with matching plywood at 436 Walnut Avenue, S. W., which is not consistent with the H -2 Guidelines, was before the Council of the City of Roanoke at its regular meeting held on Monday, August 20, 2018. Based upon the evidence (testimony and documents) presented to this Council at its August 20 meeting, the decision of the City of Roanoke Architectural Review Board on June 14, 2018, was affirmed and that no Certificate of Appropriateness be issued to allow the replacement of the existing slate roof at 436 Walnut Avenue, S. W., as set forth in the Application for Certificate of Appropriateness, on the ground that the pattern of the material proposed to replace the slate roof is architecturally incompatible with the structures or historic landmarks in the H -2 District PC: Robert S. Cowell, Jr., City Manager Daniel J. Callaghan, City Attorney Parviz Moosavi, Agent, Architectural Review Board Donna Payne, Secretary, Architectural Review Board VIRGINIA: 917: F- Wd 6 -1(1r 81. IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF ) PETITION FOR APPEAL This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36.2- 530(c)(5) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended. 1. Name of the Petitioner(s): f C I fl-\ I A-C_y-\e- ti 2. Doing business as (if applicable): 3. Street address of property which is the subject of this appeal: 4. Overlay zoning (H -1, Historic Downtown Overlay District, or H -2, Historic Neighborhood Overlay District) of property(ies) which is the subject of this appeal: -�4 ---')- 5. Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: 1' 1 6. Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Review Board (Section 36.2 -330, if H -1 or Section 36.2 -331, if H -2): 3h. -3'3 \ 7. Description of the request for which the Certificate of Appropriateness was sought from the Architectural Review Board: P s�lC 51c -4 r �c c�� "- ra ►� ci lc. c=— (00 c CcS1°�ct\ i- P 8. Grounds for appeal: f C�-c c,( -I!-Vv -A-- e '-e- � f (' 9. Name, title, address and telephone number of person(s) who will represent the Petitioner(s) before City Council: co, `BCD WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted. Signature of Owner(s) (If not Petitioner): Name: CIS r) I J (print or ty e) Name: (print or type) TO BE COMPLETED 1 Received by: Signature of Petitioner(s) or representative(s), where applicable: Name: Name: (print or type) (print or type) M 5AMM STEPHANIE NI. MOON REYNOLDS, NIMC Cite Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 E -mail: elerkaroanoke%a.go% REVISED July 17, 2018 The Honorable Mayor Sherman P. Lea, Sr. and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: CECELIA F. DICCOY Depute Cite Clerk CECELIA T. NVEBB, CHIC Assistant Deputy City Clerk I am enclosing copy of a Petition for Appeal filed by Ricky Mitchell, in connection with a decision of the Architectural Review Board at its meeting of June 14, 2018, denying your amended Certificate of Appropriateness application for replacement of the existing slate roof on the house and detached garage with architectural shingles; and damaged soffit panels with matching plywood at 436 Walnut Avenue, S.W., which is not consistent with the H -2 Guidelines. The petition was filed in the City Clerk's Office on Monday, July 9, 2018. Section 36.2- 530(c)(5), Certificate of Appropriateness, Code of the City of Roanoke (1979), as amended, provides that any property owner aggrieved by any decision of the Architectural Review Board may present to the City Council a petition appealing such decision, provided such petition is filed within 30 calendar days after the decision is rendered by the Board. The Council shall schedule a public meeting and render a decision on the matter within 60 calendar days of receipt of the petition, unless the property owner and the Agent to Architectural Review Board agree to an extension. The Council may affirm, reverse or modify the decision of the Architectural Review Board, in whole or in part, or refer the matter back to the Board. With the concurrence of City Council, a public meeting will be scheduled for Monday, August 20, 2018, at 7:00 p.m., or as soon thereafter as the matter may be heard, to render a decision in connection with the Petition for Appeal filed by Mr. Mitchell. Sincerely, t4A, L, r*r).Ry Stephanie M. Moon Reynolds, M C City Clerk Enclosure The Honorable Mayor Sherman P. Lea, Sr. and Members of Roanoke City Council July 17, 2018 Page 2 Pc: Ricky Mitchell, 436 Walnut Avenue, S. W., Roanoke, Virginia 24016 Robert S. Cowell, Jr., City Manager Daniel J. Callaghan, City Attorney Parviz Moosavi, Agent, Architectural Review Board Donna Payne, Secretary, Architectural Review Board CITY COUNCIL AGENDA REPORT To: Honorable Mayor and Members of City Council Meeting: August 20, 2018 Subject: 436 Walnut Avenue, S.W. (Official Tax Map No. 1030101) Request from Ricky Mitchell that includes replacing the existing slate roof on the house and detached garage with architectural shingles in same color, size, and pattern as existing roof, damaged soffit panels with matching plywood; and metal ridge caps with metal or metal -look ridge caps. 436 Walnut Avenue, S.W., has a 2-1/2 story residence and a one story detached garage. Both structures were constructed in 1911 with brick veneer facades and slate roofs. Exterior alterations of buildings within the H -2 Historic District are subject to review and approval by the Architectural Review Board (ARB) prior to submitting a building permit application. Background: On May 8, 2018, the owner applied for a Certificate of Appropriateness (Exhibit A, COAB18 -0023) for the following proposed work: 1. Replace roof of house and garage with architectural shingles in a color, size, and pattern similar to the existing roofs. 2. Replace metal ridge caps with metal or metal -look ridge caps. The applicant also proposed to replace damaged soffit panels with matching plywood, which was administratively reviewed and approved. On June 11, 2018, the applicant sent an email (Exhibit B) explaining that he had changed his mind about matching the existing fish scale roof pattern due to the additional cost. He noted that he would not be using metal ridge caps as originally proposed because the supplier of the proposed shingles would not provide a warranty if the supplier's ridge caps are not used. On June 12, 2018, the applicant allowed ARB members and Staff to view the interior damages to the house and garage caused by the roof leaks. On ,June 14, 2018, the ARB reviewed the COA application. Sufficient evidence was observed by ARB members and Staff to warrant the need to replace the existing roofs on both structures. Based on the COA application, Staff recommended approval of the scope of work originally proposed (Exhibit C, Staff Report). At the meeting, however, the applicant revised the application: He would not match the existing fish scale roof pattern on the roof of the house (this pattern is not present on the garage roof) and would not be using metal ridge caps as originally proposed. Based on this amendment, by a vote of 1 -3, the ARB denied the COA application (Exhibit D) due to inconsistencies with the H -2 Architectural Design Guidelines. On duly 9, 2018, the applicant filed a Petition to Appeal the ARB decision with the City Clerk (Exhibit Q. Considerations: The H -2 Historic Neighborhood Overlay District was designated a National Historic District in 1985. The district is a large urban residential neighborhood that encompasses 1,547 contributing structures developed between 1882 and 1930, a period of tremendous growth and prosperity in the City of Roanoke's early history. It is primarily a residential district, consisting of a variety of popular domestic architectural styles. The ARB bases its review on adopted guidelines that generally follow the Secretary of Interior's Standards for Rehabilitation, which are the recognized criteria for appropriate treatment of historic buildings. The following Guideline excerpts are relevant for consideration of this application. The H -2 Guidelines for Basic Design Principles recommend: Maintain original materials and features that characterize a building and make it unique. Architectural materials and features are considered significant if they: are original, reflect a particular architectural style, are examples of quality craftsmanship or design, reflect changes associated with a major event in the history of building. To maintain a building's architectural character, a slate roof should be replaced with material having the same appearance. The applicant is proposing to replace the existing slate roof on the house and detached garage with architectural shingles having a slate N appearance. However, the proposal does not include matching the fish scale pattern on the house. In addition, the applicant is not proposing to reuse the existing metal ridge caps on both structures. • Repair deteriorated materials instead of removing or replacing them. The applicant has provided copies of receipts for the efforts made to preserve the historic slate roof in the past several years. However, all efforts have failed and the need to replace the existing roofs on both structures is warranted. The existing metal ridge caps on both structures do not seem to be damaged and should be reused, not replaced. If replacement is necessary, appropriate alternative metal ridge caps that resemble the appearance of the existing metal ridge caps should be used. Visibility from the Street • In the H -2 District, staff or the ARB reviews any changes proposed to the exterior of building that are visible from the public right -of -way, including alleyways. Modifications to rear facades in the H -2 District also require review when owners propose changes that will impact the building's `skin', particularly changes to siding, windows, and doors. The property is a corner lot, and the roofs of both structures are visible from 51 Street, S.W., and Walnut Avenue, S.W. Roofs Architectural styles are often identified by the form and materials of the roof, which is an important design feature. Poor roof maintenance contributes to the rapid deterioration of historic building materials including masonry, exterior siding, and paint and may result in hidden structural damage. IMPORTANT CONSIDERATIONS • The shape and materials of a roof are important in expressing a building's style; roof features and details help to express its individual character. A well- maintained roof and gutter system will help prevent the deterioration of other parts of a building. Changing, removing, or adding materials or features to a roof can often alter or destroy a building's character. s The proposal would alter the character of both buildings. The applicant should consider matching the existing fish scale pattern on the house and should maintain the existing metal ridge caps on both structures. Materials that replicate the fish scale pattern and replacement metal ridge caps, if replacement is necessary, are readily available. The Architectural Review Board has previously approved replacement of slate roofs with architectural shingles resembling slate, including the fish scale pattern (Exhibit F). The ARB also approved installation of ridge caps at 809 Day Avenue, S. W. (COAB 17- 0010). GUIDELINES FOR PRESERVATION AND REHABILITATION Replacement and Substitute Materials • When the use of traditional roofing material is not feasible, suitable alternative material may be used. • Use substitute materials or replacement parts that retain the visual appearance of the original roof and that are physically and chemically compatible. • Substitute materials should match the original in scale, pattern, texture, and color Replacements for slate include: mineral -fiber shingles, simulated -slate concrete tiles, and other faux slate materials, stained -wood shingles, and fiberglass or asphalt shingles designed to resemble slate. The visual appearance of the original slate roof on the house would not be retained if the fish scale pattern is not matched and the existing metal ridge caps are not reused on the house and the garage. If replacement of the metal ridge caps is necessary, appropriate alternative metal ridge caps that resemble the appearance of the existing metal ridge caps should be used. Therefore, the proposal is not consistent with the H -2 Architectural Design Guidelines. Staff Comments: The applicant has provided sufficient evidence that warrants the need to replace the existing damaged slate roof on the house and the detached M garage. The H -2 Design Guidelines allow replacement of the slate roof with fiberglass or asphalt shingles designed to resemble slate. However, the proposal does not include matching the fish scale pattern on the house. In addition, the applicant is not proposing to reuse the existing metal ridge caps on both structures. The proposal is not consistent with the H -2 Architectural Design Guidelines. The applicant should consider matching the existing fish scale pattern on the house and should consider reusing the existing metal ridge caps on both structures. If replacement of the metal ridge caps is necessary, appropriate alternative metal ridge caps that resemble the appearance of the existing metal ridge caps should be used. Recommended Action: The ARB found the amended COA application is not consistent with the H- 2 Architectural Design Guidelines. Therefore, the ARB recommends that City Council affirm the decision to deny the issuance of a Certificate of Appropriateness for the proposed roof replacement unless the applicant considers matching the fish scale pattern on the house and reusing the existing metal ridge caps on both structures. If replacement of the metal ridge caps is necessary, appropriate alternative metal ridge caps that resemble the appearance of the existing metal ridge caps should be used. Christopher M. Vail, Acting Chair Architectural Review Board Enclosures: Exhibits A through F c: Robert S. Cowell, Jr., City Manager R. Brian Townsend, Assistant City Manager Chris Chittum, Director of Planning Building & Development Ian Shaw, Planning Administrator Phillip Moore, Zoning Administrator Wayne Leftwich, Senior Planner Daniel J. Callaghan, City Attorney Timothy R. Spencer, Senior Assistant City Attorney Ricky Mitchell, Applicant 5 H -2, Historic Neighborhood Overlay District Application for Certificate of Appropriateness Date of Application F� e,,, Site Address Lz 0 l r•, u { i � I Pro "e�_Owner MAY Q 8 2018 Name: CITY OF ROANOKE�_ ` C i� C y" I PLANNING BUILDiNC, 1717 LOPMENT Address: j P 0 0 4 0 "? City: �Z r_0 State: Zip Code: FP pc) i Phone Number: ! S - -q cb 's ,- `s , Owner's Representative (if applicable Name: Address: City: Phone Number: E -Mail State: I:11817.0 Zip Code: Application Prepared By: LA ,+ C-V-,r- _1 Current Use_ FL- Aingle- Family F- (Duplex) (— Multifamily F_ Townhouse F- Commercial If Commercial; Describe Use: I ProjectTYK. PRoof r® Porch (_ Windows and Doors j_ New Construction F- Signs F_ Walls and Fences (— Parking and Paving F- Demolition F- Other: *PLEASE USE ATTACHLv SHEET FOR PROJECT DESCRIPTION. Acknowledgement of Responsibility: I understand that all applications requiring review by the ARB must be complete and must be submitted before application deadlines; otherwise consideration will be deferred to the following meeting. I agree to comply with the conditions of this certificate and ail other applicable city regulations and to pursue this project in strict conformance with the plans approved by the ARB. I understand that no changes are permitted without prior approval by the City. Signature of Property Owner: Date: ! -av t Section Below to be Completed by Staff Certificate Number: . __ Approval By: FVIARB I— Agent Other approvals needed: Tax Parcel Number- Base Zoning District: V Z ning Permit ju BZA /Planning Commission Building Permit F- Other _------- ..--------- _______._._ Agent, Architectural Review Board; Date: I 1 A H-2, Historic Neighborhood Overlay District Detailed Project Description Site Address: I (�C--1 V\tA f Pty 5 Property Owner: I t (-v t-� rrZ t--1 c-, � -" c , I A fle) C) C') Project Description: Additional information to be submitted: F�Xotographs F Site Plan F Elevation Drawings Fx- Sample, Photograph, or Catalog Pictures of Proposed Material F-�Dther-. (t47'(;- cck C" Project Description: Additional information to be submitted: F�Xotographs F Site Plan F Elevation Drawings Fx- Sample, Photograph, or Catalog Pictures of Proposed Material F-�Dther-. (t47'(;- H -2, Historic Neighborhood Overlay District Submittal Requirements Checklist Complete Form & Click Here to Submit Electronically I C Print Form_ The following must be submitted for all applications: F— A completed application form and checklist. Applications will be deemed incomplete without owner signature. A brief project description of work including how the proposed architectural or site alterations are consistent with the F ARB Guidelines for the subject Historic District. If historic materials are being replaced rather than repaired, please provide justifications. F- Photographs showing the current conditions of the specific project site. For windows, doors, roofs and porches, the following must be submitted: Scaled elevation drawings showing proposed alteration. If proposing to return building to an earlier appearance, please provide r/ supporting documentation for the request (i.e. historic photograph). {� Photograph, sample or catalog picture of proposed building material. For walls and fences, the following must be submitted: F- Site plan showing the proposed location of the fence. r- Photograph or elevation drawing offence design. r— Sample, photograph or catalog picture of proposed material. For new construction, the following must be submitted: r Site plan, including property lines, roadways, footprint of buildings and structures, paving etc. r- Scaled elevation drawings of all sides of proposed buildingladdition. r- Samples, photographs or catalog pictures of building materials. For parking /paving, the following must be submitted: r- Site plan showing proposed location of new paving surface. j- Photograph, sample or catalog picture of proposed building material. For signs, the following must be submitted: F_ Freestanding: A site plan showing the proposed location of the sign r- Building Mounted: Photograph or scaled drawing of elevation on which the proposed sign will be located. F_ Photograph or scaled drawing of the proposed sign, identifying materials, color, lettering (size and style), and wordage. F- Specifications of sign brackets, mounting hardware and lighting, if applicable. For demolition, the following must be submitted: F- Justification for demolition, including structural evaluation and cost estimates for rehabilitation. For other items, please refer to a like category. *Note: If applying by e-mail please include the above items as an attachment. Department of Planning Building and Development Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Phone: (540) 853 -1730 Fax: (540)853 -1230 ARB Agent Parviz Moosavi, Historic Preservation Planner Phone: (540) 853 -1522 E -mail: parviz.moosavi @roanokeva.gov Please remember... The COA does -riot relieve the property owner from the responsibility of obtaining any other required permits. A copy of the Certificate must be submitted to the Development Assistance Center (DAC) for permitting. For more information contact the DAC at 853 -1090. It is strongly suggested that you do not order or purchase any materials until ARB approval and required City permits are obtained. Roanoke ARB Application 5/7/2018 Ricky Mitchell 436 Walnut Ave, SW Roanoke VA 20416 Problems with house and garage roofs: Rain runs through soffits, leaving water damage and rott. Icicles form under soffits when it shows There are sevearl leaks from broken, shifted sections, and missing slate Rain run down the chinmeys into the house Ridge caps are loose and regularly get blown off in storms I've spent $18107.50 t put and end to the leaks and spill overs to no avail. Commerr"�cal & Residential Constmction & In the field & in the Un J J M. TIN 1 1 o, Lif =�3 K Zi CCIf` I fiRC "f OF P9 Ricky Ricky T Witd►eli 436 Walnut AVE SW Roanoke Va 24416 Contract I proposal Date Invoice # 9/5/13 1051 Caste x YA ttatelcerim # 2705 085985A office # 540 342-9896 IRArh3t�s @Cox net —� viamirdy on ALL labor Amount Added to design of overhangs as per customs request to build up to complete the finished look that 1,280.00 is desired 46 5039 -) �jww I eroerrT06TC1®J.� tfAQ10REYI17gSdR1 4% iCMN -- i $ GOSL604260K000523260�8 5039 � t CHECK# : 5039 $640.00 RMKYTWRCHILL=m SD41 ZMwMoaai 23, x Elc..i refI -- a6a— 8 er' Cos 16062600000523260380 5061 Acceptance of contract I proposal: The above demon is hereby agreed apon,and au knowleged Payments will be as outlined above. 1.5% interest after 30 days compounded daily_ If legal action is necessary to collect, I agree to pay abwney's fee's and court costs . Date: - / (i7 /C-,20 -5 Signed: Total $1,280.00 PaymenftMred $0.00 Balance Due $1,280.00 CONTRACT AGREEMENT October 3, 2013 Location: Woods Ave.-S.W. Roanoke, Va Agreement is as follows: 1. To tear -off existing soffit from garage. 2. Replace soffit area with CDX -faced plywood. 3. Caulk and prime newly replaced wood. 4. Replace front and side crown pointed out by owner. Total Cost: $860.00 with a deposit of $430.00 leaving the balance due upon completion. Steve Miller (540) 312 -6397 t P ! grant wrta� tma 5052 ! MY� MYYOZ VA iblillil i+lYlN N_ A-'� r.�lh A .tf �•- -�'`�'�. Owe— B Cam... �:05360426acaoas212403 85052 CHECK #:5052 5430.00 ,— �rrvneHeu..orh 6� na'" `n"i�io�i"s,nt llSi� mom^" �..r.,r 'c7C /S4�1�( -4,! _._t s C�(o0i.c,•U wtJL�_ 0.5 %a aL0G0005a3a1038 05060 � CHECK# : 5060 $660.00 Commerical & Residential Construction & Contracting since 1974 *** Hands on experince in all aspects*" In the field & in the Office***. Richard Artutis 1102 Deaton Road SE Roanoke Virginia 24014 Ricky T Mitchell 436 Walnut AVE SW Roanoke Va 24016 r... Contract / proposal Date Invoice # 12/23/11 988 Class A, VASfate 1`w"m # 2705 085985A office # 540 342 -9896 warranty on ALL labor Amount 3,200.00 Cut out the * ** Four * * ** existing downspout holes from 11/2 inch opening to a three inch outlet size, custom fit copper downspouts into three inch opening..... Reseal all the seams along the hidden gutter system and make material repairs if needed. Use NP -1 silicone as the primary sealer. Repair and or replace 5 known pieces of slate.......... in this contract * * ** note * ** to take care and examine the rest of the entire roof and report any other roof failures if any are to be found and the do an addendum to this contract for those repairs as well. * * ** Cut out rotted wood at the rear and side upper porch over hangs and replace with like materials. Prime new wood after Reseal around pipe collar that is known to be leaking Added work to house and garage downspouts and outlet holes reworked 450.00 50% Deposit, Balance Due Upon Completion and Thank you for the oppordmity to Total $3,650.00 I be of service Acceptance of contract / proposal: The above description is hereby agreed upon,and acknowleged Payments will be as outlined above. 1 -5% interest after 30 days compounded daily. If legal action is necessary to collect, I agree to pay atorrney's fee's and court costs . Date: / 1 Signed: Payments►Credits $4,600.00 Balance Due $2,050.00 10 rIODUCTS, M r n�•s 1 , 221 Brooke Street Media, PA 19063 SOLD TO Ricky Mitchell 436 Walnut Ave SW Roanoke VA 24016 SHIP TO Sales Receipt TERMS REP DATE SALE NO. 1 101152013 5815197 PO# TERMS REP SHIP DATE SHIP VIA FOB VERBAL VISA 10/15/2013 UPS MEDIA QTY ITEM DESCRIPTION RATE AMOUNT 3 HP- 5000 -5 -BZ UPS High Strength Elastomeric Coating - Bronze - 5 Gallon Shipping & Handling 254.00 105.00 762.00 105.00 Total $867.00 Commerical & Residential Construction & Contiactmg since 1974 *** Hands on experince in an aspects*** In the field & in the office* ** Ricky T Mitchell 436 Walnut AVE SW Roanoke Va 24016 Date Invoice # MUD 182 Blass A, VA Slate lihmnse # 2705 085985A PH # 540 -580 -9030 RAM&@Cox.net I warranty on ALL labor Total Raise edge upper guttering system and build up outer edge of hidden gutters with a 2 x 2 treated and cover 7,450.00 with peal and seal adhesive membrane, apply dripedge and flash with aluminum trim coil the fast row of slate into the hidden gutter system. Acxatim the front porch , add new brown downspouts replacing old ones. :5034 FOC"T MMEt.Laa 5M �« �tx ,l�cr►.�:�s..�,rn$_- fi�_�.asr. a �. r0514O426D�:0005Z324038 05036 " CFHECK# : SO46 $27.00 RR7IRTIOIQt@ILOOa �$ 90A4MCL-A q Ian, GVNN 7 _LOS 11.04H.00CO0523240380 048 50% Deposit, Balance Due Upon Completion `Ks %,� 27 Total $7,450.00 Acceptance of contract / proposal: The above description is hereby agreed upon,and acknowleged Payments will be as outlined above. 1.5% interest after 30 days compounded daily. If legal action is necessary to collect, I agree to pay atorrney's fee's and court costs . Date: /!-(_ signed: Av� CHECK# : 4249 $27.00 4251 MY �10 5 160 4 260�7000523�4D3804r' Si_ 000561 nT� 5073 COS &;0426000005232403 41P05073 CHECK# : 5073 5500 bMOA p fO1M11 �'r i . Q K �Lh 4ki� 405i4D4260000052324038 � 5058 -mow--- --- - a---- CHECK# : 5068 $400.00 nom,,'" 47e2 now i COS 440426000ODS232403804 92 l.MtLKJV : 4 /9L }5W.U0 X'� 4 0 3 S !r1'r � f j F _t f. � �� �� t 1 ti t. r. v% �l Page I of 2 Re: Possible Site Visit at 436 Walnut Ave SW Ricky Mitchell to: Parviz Moosavi 06/11/2018 11:34 AM Hide Details From: Ricky Mitchell <ricky.t-nitchell@onlymyemaii.com To: Parviz Moosavi <Parviz.Moosavi rr roanokeva.gov •, 2 Attachments po Rooting Pro sals of GeneralAsphaltShinglesWarrant} Cnahsh pol Hello, Please see the attached proposals for replacing my roof. The prices are $27,136 for architectural shingles, $31,998 for slate -look (Highland Slate), and $45,422 for slate -look with fish -scale pattern (Grand Manor & Carriage House). Spending $45,442, $18,306 above a excellent architectural shingle roof, for Grand Manor & Carriage House is out of the question, especially since I've already spent $18,000 trying to save the roof and that there are extra cost for wood repairs not included. I'm willing to install the Highland Slate as a compromise. I will also not be using metal ridge caps as I originally proposed. CertainTeed will not give me a full warranty if I don't use their corresponding ridge caps_ I cannot put my self in the position of not getting a full warranty at such expense. I've attached a copy of their warranty statement. See page 3 'Footnotes To Table 1,' page 3 'Limitations,' and page 5 'Limited Wind Warranty.' On 6/8/2018 2:02 PM, Parviz. Moosavi wrote: Mr. Mitchell Thanks for switching the site visit to Tuesday afternoon I have confirmation from three ARB members at this time and am waiting to hear from two Board members I will let you know more details before 5 pm today. FIR M k kilo Mi shell - - -t00 08 2018 12 10' 1 w= PM i tcllc >, I_Ui(13 tit'ternooit k o ry Ricky Mitchell ricl.y.mitc;hcllit onl} mNemail.com . Parviz Moosavi Parviz.Moosavi ci roanokeva.¢ov 06 08 2018 12-30 PM Re Possible Site Visit at 436 Walnut Ave SW Hello, EXHIBIT Tuesday afternoon is okay. I 1 9 file: '.C: /Users /pmoosavi AppData/Local 'Temp /notesFFF692; web1962.htm 08'06:`2018 ARIA-lit IYE 31 Vral conlr­ 1 r Contracting Agerit Client Ricky Mitchell Addnvsz 436 Walnut Ave cry, State 7Jp Roanoke, Va. 24017 contact Phone number Emai Work Comptetion Schedule Approx. Start Date Approx Complefion Project Site Project Name ROOF REPLACEMENT Addrest. same City, State, Zip Phone number Superintendent Architect FEqe* WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATES FOR ITEM= DESCRIPTION M U N T __L_JRemove slate roof —AMOUNT SI.2381 .2 3 8 14 SI () 2 linstall 505q MkJt=MtSr&e shingles { smokey quarts', 3 Flash chimneys and install new boots :[ — Ma r4 --ki Materials cost total $14,990 5 Labor 0" '0 !Disposal of state 3 3 a 3 $ 2 80 00 0 _.IjC�Ieanup and disposal $1 5 r $ . 3 1.5w 00 :' 00 Note Wood replacement and soffit repair not included Architect Address c4y, state 4p Phone number Dale or Plans I'Ve Vrei)m 10 arnah AW end to co"it al ZA—M accorciar" wit the e0ovespedficattim in a wWmur�&R mamer =mrd%V to VVIONd PMCEKes Any allftlitb" Of dVvQ2M$ horn to herm V=divacfld InvoNov extra costs we be erec;uted only upeft Yawcri wom areff we %a eommm an enr3 MMW over &V above V" P1090sw PaYllbl'd upon L4rwV U mitten agmernant Al agreemerft 4(0 =rUr'QtN upon IMIcn, accidents; or oebys "yoncr our conTrot Sub Total Paymeni Sched.de O/P slaio.69 TOTAL 43�F' The sum of THIRTY ONE THOUSAND NINE HUNDRED EIGHTY EIGHT AND 931100 — Dollars.;Z2' Pay as Follows: $14,990.93 Due at contract signing $$8,499.00 Due upon delivery of materials Balance due upon contract completion $8,499.00 f4ake Payable w Harvest General Contractors R",'ES—, GENU'AL CONTRACTORS Acceptance of The above prices, sPecifimlions and concl6ons are hereby ;'=OPI*d You QrO oulhodred To doThe work as specified Authorized S�nature Date C:j.I)f.JPA'J Y,'&IWQ!�i Payment wig be made as oufned above FI'11 Sgna�n [)ale PaMeN Terms P2"wd in AA is reqt_ed Won wmpkam of wort Cuslernefs Mtn guvmcecl "Wn OT41 20WOVIO "Win Pay in full Oricey wrthiri special lamas aUcrvd Payment oxxAdDemade bY cash orcheck Ananvunt equal to the hank service cha7geft be cheades. Aftrar charge 013% Per cay ran bemlarpdonef past due SCCDnt$. Unpaid "lances ffxn uw one any pen dLm are consmWed detnquenL The conWarty reserves IhV right to Teka wllatffvw ITW4 am necessyy to colec;t the unpW* bstanu in U p:us an less rwitAllru) aftirneys fees, " IM, olm cosy and any Wier. 00M 311l6utalIe to COWM9 Me WaIlCit in tuft Late pisyrrreM rwg be made by ceitlied lur b or amh- Contracting Agent Client Ricky Mitchel. Address 435 Walnut Ave City State LP Roanoke Va 24017 corilacl Phone number Work Completion Schedule Apprux '-_tart Date Apprcx comitycimit Project Site Pro ecl Flame Addte-,s City State: zf, Phone UJ`ebe,' Superinlendeni IffEmm AtChlef-' Addie-s-1, cIly $I in, Zip Pt,olie number Date of Plans I I ROOF REPLACEMENT same we Pm;—, to !Jrmsn tuba and to cyrolete at work ,n tK "'dance -th tr, 000_ �,,KA Tars in a i&c*qna^s-Jikn mariner a=oedirsg to sp"FICAWnn rvotvaig extra costs VA be exc",40d omytipcn mitten ,Mn< order and M1 tyeW" an extra CPXVO = ;M and about it" orocasat payat;,, Lpry &gnjnQ c, vrptta i fiVearee A All aV eenWts Note Wood replacement and soffit repair not included Sob Total $30,178 ------ ------------ ------------------ -------------------- — SI-610 Payment Schedule TOTAL $31,993 The Sam of THiRTY ONE THOUSAND NINE HUNDRED EIGHTY EIGHT AND 93/100 -- 0011ars Pay is Fo;lo%,,,s $14,990 93 Due at contract si2ninq $$El,.499 00 Due upon delivery of materials Balance due upon contract completion $8,499.00 t.iake Paliattic to. Harvest General Contractors HARVEST GENERAL CONTRACTORS Acceptance of Proposal Pie above onces tlpecdicatons and condokai s one hereby Aulthafl-zed 9gn,111fe Date la=eplea You ate avlhorlzed to do L" work as spetified COMPANW01ANER payment mi lie Made as outs fied above. Sgnafem Date C"11 ,, ty-S wal, 30: 84 %TMV app jival, t pay w !,,Ai sbic:ty witNn spe all terms attAvc. Payment should Dt M,51je A find •_e 0(3-, 0Q, -,av ,Ct:e c"lged on 3IP" out acco,,ots unpaid balances more than one day pest c,"i)-ii ,Klludng ol5rwy 4 fa,", fil-ng tees Late RAJ ^let 1$i1,,,,ilbe moiety! -,1!,C+,, funds orcs%r. Elie —g WE HERESY SUBMIT SPECIFICATIONS AND ESTIMATES FOR ITEM �M � -- 7. DESCR PTION - -T-'� �moyv 1 Remove state - roof- $1 238 14 2 install 505cl Highland State shingles ( smokey quarts 3 Flash chimneys and install new boots 4 Materials cost total $14,99004 5 Labor S9 085 8C 6 Ellsposal of siate 53 328 CO 7 C'eanup and disposal S1 536 OC Note Wood replacement and soffit repair not included Sob Total $30,178 ------ ------------ ------------------ -------------------- — SI-610 Payment Schedule TOTAL $31,993 The Sam of THiRTY ONE THOUSAND NINE HUNDRED EIGHTY EIGHT AND 93/100 -- 0011ars Pay is Fo;lo%,,,s $14,990 93 Due at contract si2ninq $$El,.499 00 Due upon delivery of materials Balance due upon contract completion $8,499.00 t.iake Paliattic to. Harvest General Contractors HARVEST GENERAL CONTRACTORS Acceptance of Proposal Pie above onces tlpecdicatons and condokai s one hereby Aulthafl-zed 9gn,111fe Date la=eplea You ate avlhorlzed to do L" work as spetified COMPANW01ANER payment mi lie Made as outs fied above. Sgnafem Date C"11 ,, ty-S wal, 30: 84 %TMV app jival, t pay w !,,Ai sbic:ty witNn spe all terms attAvc. Payment should Dt M,51je A find •_e 0(3-, 0Q, -,av ,Ct:e c"lged on 3IP" out acco,,ots unpaid balances more than one day pest c,"i)-ii ,Klludng ol5rwy 4 fa,", fil-ng tees Late RAJ ^let 1$i1,,,,ilbe moiety! -,1!,C+,, funds orcs%r. Contracting Agent Client Mitchel', R,cky Addms3 436 Walnut Ave c1ty star, 7jP Roanoke Va 2401 conlac! Phone nu=ef 540 965 057,J Ern- Work Completion Schedule Ar,14o. Slan Dale App?ox COMPlehc'l Room= Pfojeci Narne ROOF REPLACEMENT Address COY, sla!n DP Phase number SupecnlenceFQ Architect Archrecl Address C C dy, State, ZP Phone number D r ate of r' ans Pit atolle a wor* .aww accord ng 1,0 SWnla-dpa,lices Any asl"itc�,s (x cewal,ws floon the' ein A1103 ,iwit-nis Na =on sII,rea, menu or delays neyend our ow"cl ITEM 2 page 41 WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATES FOR DESCRIPTION AMOUNT I —,Ve sate roof , $1,238 � Install a 50sq combination of Carriage House & Grand Manor shingles Color ( Colonial State, Total Flashing kit required by Certain Teed folatenals cost total Labor Desposal of slate Cleanup and disposal Note. Wood replacement and soffit repair not included Sub Total Olt Payment Schedule The shm of FORTY FIVE THOUSAND FOUR HUNDRED TWENTY TWO AND 681100 imam man* I - $1959 18 $23 825 OC $1096500 $3 328 00 $1 53600 $42851 $2571 Pay as rViows $25,784.68 Due at contract signing $9,819 00 Due upon delivery of materials . Balance due upon contract completion $9,819.00 tAki�,e payat;te to. Harvest General Contractors HARVEST GENERAL CONTRACTORS Acceptance of Proposal The ateve pncir-S speceimsons and wod:trors are hereby A &^ized SoTiatufe Date accepted, YOU are awhorized to do the aolk as 1,pecxicd Payment vAl be made 85 outlined above COMPANY/OWNER Signature Data Payment Tecm* Payment ai tuft I re-:Zuted W0,1 CC=iet:w Of wCri(. cullome" WtIl ad-anraa griten CrW1AaPpr:,v3j aws, pay !uji 16 ..!j ttiiWd63 Payment ; tO to fi,136 "ositiercheck An afrjori-v equW to the bank sar;icll orarVe wit tie assessed against mtunwl os dlbom,ed cj,ts. s Ahransa chLVof oS cnafgedOh Oil 0431 Cv 'L5 urpvidoatamesmesa than one cjjy PAS1 dw am ML�deeddeicquenl nduding amrrih(s tees 409!ccs CERTAINTEED'S OBLIGATIONS, HESPONSIBILITIES, AND LIABILITY SHALL BE LIMITED TO REPAIRING OR REPLACING THE DEFECTIVE PRODUCT OR CLEANING ALGAE-RESISTANT SHINGLES IN THE CASE OF ALGAE GROWTH AS SET FORTH IN THIS LIMITED WARRANTY. IN NO EVENT SHALL CERTAINTEEO BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING ANY DAMAGE TO THE PROPERTY, THE BUILDING OR ITS CONTENTS, OR FOR INJURY TO ANY PERSONS, THAT MAY OCCUR As A RESULT OF THE USE OF CERTAINTEED'S PRODUCTS OR AS A RESULT OF THE BREACH OF THIS WARRANTY. IF YOUR STATE OR PROVINCE DOES NOT ALLOW EXCLUSIONS OR LIMITATIONS OF SPECIAL:, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN NO EVENT SHALL CERTAINTEED'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE PRODUCT(S) OR THIS LIMITED WARRANTY EXCEED rHE REASONABLE COST OF SHINGLES AND LABOR TO REPLACE OR REPAIR THE QEFECTTVE SHINGLES. This Limited Warranty may not be modified ailered or expanded by anyone, including Product distributors, dealer$, sellers and /or CertainTeed field representatives. This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from State to Stale, or Province to Province. Roofing Plants and Regional Sales Office CertainTeed rooting products are sold by CertainTeed Roofing in nine sales regions. They are manufactured In ten residential roofing plants and one commercial roofing plant. Since the early 1900s, CertainTeed Corporation has boon an innovator In the building materials industry and today is a loading manufacturer of building materials including residential and commercial roofing, vinyl siding, composite decking and railing, fiber glass insulation and vinyl fence products. The company is headquartered in Malvem, Pennsylvania, and employs more than 7,000 employees at approximately 60 manufacturing facilities throughout North America. Continuing the 100 -year commitment of "Quality made Certain, Satisfaction guaranteed'." CertainTeed remains one of the most trusted names in the industry. More information is available at wwW. certainteed.com. This document is also available in Spanish and French. Call 1 -800 782 -8777 or go to www,cenatntced.com. So puedo obtener este docurnonto on ospanol Favor de flamer 1 -800 -792 -8777 Cc document est disponible on angiais of en espagnol Composez le 1 -800- 782 -8777 _ltlilL tlU Its CertainTeed Corporation SAIN%GOBAIN _" M ASPHALT SHINGLE PRODUCTS 2018 Limited Warranty Congratulations... and thank you for your recent purchase of One of the fine products from CertainTeed Roofing. Since 1904, CertalnTeed has been producing quality roofing products that provide long - lasting beauty and protection for homes of every size, style and age. For over 100 years, the basis for our name, "Quality made certain, satisfaction guaranteed," has been our ongoing philosophy. Your CertainTeed roofing warranty fully explains how CertainTeed supports its products with the strongest warranty protection available. It Is Important that you read the warranty section of this brochure. The warranty lists the specific CertainTeed asphalt shingle products that are covered and the period of time for which they are covered. Take the time to understand how CertainTeed Protects your purchase by standing behind our products. Limited, Prorated and Transferable Warranty This warranty covers asphalt shingle products listed in Table 1, sold only in the United States of America, Its terhtorios and Canada. What and Who Are Covered and for How Long From the date of installation. CertainTeed warrants to the original property owner /consumer that, when subject to normal and proper use, Its shingles will be free from manufacturing detects for the warranty period specified in Table 1. CertainTeed will pay to repair, replace or clean, at its option, any shingles CartainTeed determines are defective under the terms of this Limited Warranty. In the event of repair, replacement or cleaning pursuant to the terms of this Limited Warranty, the warranty applicable to the original shingles shall apply to the repaired, replaced or cleaned shingles and will extend for the balance of the original warranty period. Lifetime means for as long as the original individual home owner owns the property where the shingles are installed. The Lifetime warranty period offered for certain shingles In Table 1 is only available to Individual homeowners. The warranty period for shingles ,nstalled on promises not used by individual homeowners as their residence is limited as specified in Table 1. All property owners, who are not individual homeowners, and all structures not used by individual homeowners as their residence te.g. corporations, governmental agencies, partnerships, trusts, religious organizations, schools, condominiums, homeowner associations or cooperative housing arrangements, apartment buildings, and any other type of building or premises not owned by individual homeowners) called `Other Ownership' are limited to either a 50 -year or 40 -year warranty period described in Table 1. In add tion, for Other Ownership after the SureStart'" Protection period ends, this Limited Warranty covers only manufacturing defects that caused water penetration SureStart'" Protection Because CortainTeed rooting products are manufactured to the highest quality standards, we confidently include the additional assurance of SureStart" protection. SureStart provides the strongest non prorated protection you can get in the vital early years of your new roof. Ail of CertainTeed's shingle products are covered by SuraSlart protection. Under this warranty feature, CertainTeed, at no charge, will pay to repair or replace, at its option, any shingles CertainTeed determines are defective during the SureStart period. Note: Wind warranty and algae warranty are covered separately as described on page S. The SureStart period begins on the date of application and terminates following the warranty period specified In Table 1. Cer alnTeed's maximum liability under SureStart is equal to the reasonable cost of comparable replacement shingles and labor as determined by CertainTeed to replace or repair the defective shingles. Roof tear -off, metal work, flashing and disposal expenses, and other costs or expenses incurred during such repair or replacement are not covered or reimbursed by this Limited Warranty, except for certain products with Uletime warranty periods specified in Table 1, for which CertainTeed's maximum liability also includes the cost of roof tear -off, metal work, Iashing and disposal. in instances in which CertainTeed, under the terms of this warranty, has agreed to pay the reasonable cost of labor required to repair or replace defective shingles, CertalnTeed will determine labor costs by Bluebook' or RS Means" data. CortainTeed will provide reimbursement for labor only upon receipt of a copy of the contractor's Invoice or other written evidence of the completion of such work which CortalnTeed, In Its sole discretion, deems acceptable. Costs associated with removal or replacement of overburden (items Installed over the shingles, including but not limited to, solar panels, satellite dishes and gardens) are the sole responsibility of the property owner. SureStart protection does not extend to any shingles applied to non - ventilated or inadequately ventilated roof deck systems as determined by CertainTeed, except as stated on page 4. CertainTeecl's maximum contribution toward the cost or repairing or replacing defective shingles applied to a non - ventilated or inadequately ventilated roof deck system is calculated using the reasonable cost of comparable replacement shingles as determined by CertainTeed less 1/120th of that amount multiplied by the number of months from the start of the warranty period to the date when CertainTeed determines the shingles are defective. Labor costs, roof tear -otf, metal work, flashing and disposal expenses, and other costs or expenses Incurred during such repair or replacement are not covered or reimbursed by this Limited Warranty, Beyond SureStart'" Protection After the SureStart Protection period, If CertainTeed determines its shingles have a manufactur- ing defect, or for Other Ownership, if CertainTeed determines its shingles have a manufacturing defect that caused water penetration, CertainTeed's maximum contribution toward the cost of repairing or replacing defective shingles will be calculated using the reasonable cost of comparable replacement shingles as determined by CertainTeed less the Reduction Figure Per Month, specified in Table 1, for the number of months from the start of the warranty period to the date when CertainTeed determines the shingles are defective. Labor costs, roof tear -Olt, metal work, flashing and disposal expenses, and other costs or expenses incurred during such repair or replacement are not covered or reimbursed by this Limited Warranty. TABLE t Algae Wind Resistant Reduction Warranty SureStart Warranty Warranty Figure Lifetime ProdUCt&A Period Period Miles Pgr Hour Period' Per Month Grand Manor' Arcadia Shake" Presidential Shake' TL Presidential Solon' Landmark' TL Presidential Shake' (& IR)2 Carnage House' Lifetime, 10 Years 110" 15 11600 Beimont °(& JR12 Landmark' Premium Landmark Satan' Landmark" PRO NonhGate' Highland Slate' (& IR)Z Independence' Algae Wind Resistant Reduction Warranty surestart Warranty Warranty Figure Lifetime Products" Period Period Miles Per Hour period' Per Month Landmark' IR2 Ufelime• 10 Years 110" 10 11600• Landmark' Lifetime' 10 Years 110" 10 1/600' Algae Wind Resistant Reduction 20 -, 25 - and Warranty Surestan Warranty Warranty Figure Z,q - Year Product& Petfod Period MHes Per Hoyt Paris tt Par Month Patriot 30 Years 9 Years 110 10 11360 XT-30;R2 30 Years 5 Years 70 to 060 XT-253 25 Years 5 Years 60 t0 11300 CT-20 20 Years 3 Years 60 10 11240 Any shingles applied to any 10 years` N/A NIA N/A 11120 inadequately ventilated roof deck (see )adnorea 10 Table f on me near page) FOOTNOTES TO TABLE i, A the Lifetime Warranty period a only avaaabki to iridmdual horneowners On premi fat used as their residence, the warranty period tot Other Ownerstkp far those shingles is limied to 50 years and the SureStan period is JO years /ollo vmg the insfaltuion Of the shingies. Root fear-011, metal work, pasting and disposal arpense. incurred during repair or replacement are covered Or Mimbi rsed try this Limited Warranty. t.imrMd Warranty transform during his SureStan- period are limited as a 5aysar warranty ponod tsso section [Wed °Transfers During the SweStan Period' tow details). B. The Lifetime Warranty period is only available to individual homeowner on premises used as their residence. The warranty Period for Oster Ownersh: p for Lhasa shingles u limited Lo 40 ysan And the SumSfan period is 5 yearn folkw rig the Mshaaatgn of the shingles. Limited Warranty lranslerees during the SureStan period are image to a 40 -year warranty period (see section filed - rrarslen During the SumStan Penod- for dela4s)- " For Ltlebme products. at the completion of the 40M year the reduction figum will remain at 4801600, Or 20% of the twat marimrms liability. r For details of warranty coverage far shingles installed on inadettuatey ventilated roar flecks on both residential and commercial buddings, see provisions under Tiadequately Ventilated and Non Ventilated Decks.' It Wind warranty upgrade These prod"Is am wananled to resist biow-otl due to warid v upcibes. including gusts, up to a rrsarimum at 130 miles per nour during the first fi7een (1$) years, provided a8 of the 1000wirsg cwtdiVoms are met. I The CWWnTeal shinglas are not applied' over eusfng rust shingles (too levers are not permitted). 2. The Cenahtreed specified corresponding hip and ridge accessory producrs are mstatk3d as cap shingles fShxdaw Ridge' Cedar Crest' Strangle Ridge•. Mountain Ridge' Landmark Solans' fit fR) and Hatteras-) 3. The CartainTeed specified corresponding starter shingles are installed along Ibe row eaves and takes (Swatistan• Nigh- Perkxrrwece Starter and Ptas+demat' Sinner) (Nofe in Fkxsda. CertainToed will waive the mquimnsent of applying staffer shingles along the toot take it all of the lwlow hIl conditions are met' The applicable building code requires that asphalt root shingles be embOdded in an 8 inch wide bed of asphalt rooting cement applied a" the root rake edges. And, the shingles are installed and embedded m an 8- Inch-mile bed of asphak rooting cement a" the rest rake edges in accordance with the code. Aigae R"istanl Warranty perws applies day to the Algae Resistant IAR) version of the pemnent shingle. CedainTood's impact Rs,,meanr )1R) versions w Landmark• Presidena'al Shake- Belmont` Highland Slate" and XT "30 , funglea comply weft UL 22 T8 impact Resmtancit w Prepared Root Covering Materials sera cntena at time of manufacture. 'The wind warranty for XT '25 shingles installed in Alaska is 90 mph Transferability Th s limited Warranty is transferable, but only by the original property ownerlconsumer to the first subsequent property owner After the Limited Warranty has been transferred once. it Is no longer transterab a. A bank foreclosure or a change of ownership on a deed is deemed a transfer under this Limited Warranty Transfers During the SureStart`" Period if this Limited Warranty is transferred during the product's SureStan period, the warranty for the new owner is the same as it would have been for the original owner except for certain products with Lifetime warranty periods where the duration of the transferred warranty wt t be 50 years or 40 years as specified in Table 1, measured from the beginning of the SureStarl period (I a. the date of Installation), and the remaining period of SureStart protection will be available to the subsequent property owner Transfers After the SureStart Period It this Limited Warranty is transferred by the original property ownericonsumer after the Sural period, the warranty following the transfer will be limited to two (2) years from the date of the transfer The warranty obligation will be calculated as explained in the section titled "Beyond SureStart Protection " Limitations This Limited Warranty does not provide protection against, and CortainTeed will have no liability for, any failure detect or damage as a result of including but not limited to: • Winds, including gusts, greater than the Wind Warranty MPH in Table 1 • Damage caused by lightning, hailstorm, earthquake, fire, explosion flood or falling objects. • Damage caused by tornado, or hurricanes (other than as warranted under Wind Warranty MPH in Table 1: • Distortion. cracking or other failure or movement of, the base material over which the sh ng'es are applied, the root deck, or the walls or foundation of the building itself, • Damage caused by structural changes, alterations or additions, or by the installation of equipment (such as, but not limited to, aerials, signs or air - conditioning equipment) to the building after the original shingles have been applied. Shading, stains or discoloration to the shingles arising from outside sources such as, but not limited to, algae (unless blue -green algae as described in the section titled "Limited Algae Warranty "), fungus, moss, lichens or other vegetation, mold or mildew growth, or paints, chemicals or other Sim lar materials. Misuse, abuse, neglect, or improper transportation, handling or storage of the sh ngles. • installation of the shingles over non - approved roof decks as more fully explained in CertainTeed's installation instructions published at the time of original installation • Damage caused by improper installation or Installation not in accordance with CertainTeed's Installation Instructions published at the time of original Instalfation. • Damage to the shingles, the roof dock or the structure caused by Ice backup or Ice damming. Damage caused by impact, including such things as tools, equipment or toot traffic. • Vandalism or acts of war. • Animals, animal feces Or insects. " Any other cause not a result of a manufacturing defect In the shingles. Mold and mildew are functions of environmental conditions and are not manufacturing detects. As such, mold and mildew are not covered by this Limited Warranty or any implied warranty. CortainTeed reserves the right to discontinue or modify any of its products, including the color of its shingles, and shall not bailable as a result of such discontinuance or modification, nor shall CortainTeed be tiable in the event replacement material varies m color In comparison to the original product as a result of normal weathering. If CortainTeed replaces any material under this warranty, It may substitute products designated by CertainTeed to be of comparable quality or price range in the event the product initially installed has been discontinued or modified Inadequately Ventilated and Non - Ventilated Docks Any shingles applied to inadequately ventilated or non - ventilated decks, other than the shingles and deck systems described in the section titled "Insulated Decks and Radiant Barriers,' are subject to a reduced limited warranty period of ten (10) years and do not quality for SureStarl Protection. SureStart" Protection and the Warranty Period applicable to the shingle are available if CertafnTeed determines that the shingle damage was caused exclusively by a manufacturing detect that is unrelated to the inadequate roof system ventilation. Insulated Decks and Radiant Barriers CertainTeed's Limited Warranty, including SureStart Protection, will remain In force when its fiber glass shingles are applied to roof dock assemblies where roam insulation is prefabricated Into the roof dock system (often called 'nailboard insulation "), where insulation Is Installed beneath an acceptable roof deck system, or where radiant barrier` are installed, with or without ventilation, directly below line deck. Acceptable roof dock surfaces must consist of at least 3/8' thick plywood or 7/16' thick Oriented Strand Board (OSB) and slopes must be 2:12 or greater. It a different deck surface material will be utilized, please contact CertainTeed's Technical Services Department for assistance. (See the following Important restrictions.) The design professional is responsible for ensuring: /) the proper quality and application of the insulation and/or radiant barrier, 2) the provision of adequate structural ventilation andlor vapor retarders as determined to be necessary, and 3) that all local codes are met (particularly taking into account local climate conditions). Special attention must be taken If cellular loam, fiber glass, cellulose Insulation or other highly permeable insulation will be used In an unventllated system, or It the fnsulationlratter or InsulatiortAoist planes may create an air leak that could toad to moisture transmission and condensation problems. All those important factors and decisions, while not the responsibility of CertainTeed, are critical to assure proper deck system performance. Ventilated Nall -Base Roof Insulation Ventilated hail -Base Roof Insulation products (e.g. PltntBoard• CV) are made of hold insulation (typically foam board) and another layer of material that provides air space above the insulation and below the nallabie deck (which Is typically at least 7/16' thick OSB or 318• thick plywood). These products can provide soffit- to-ridge ventilation, and it Installed In accordance with the deck manufacturer's Instructions to achieve sufficient ventilation, will not reduce the scope or length of CortalnTeed's Limited Warranty coverage. Limited Algae- Resistant Warranty Blue -green algae, which is commonly but incorrectly called 'fungus,' can create unsightly Streaking on shingles. CertalnTeed warrants that the Algae- Resistant (AR) versions of the products In Table 1 will remain free trorm blue -green algae growth (but not major or mildew growth) which adversely affects the overall appearance of said shingles for a period of ton (10) or fifteen (15) years, as noted In Table 1, It during the Algae- Resistant Warranty Period specified in Table 1, the overall appearance of the Algae- Resistant shingles is adversely affected by blue -green algae, CertainTeed will pay the reasonable cost to replace or clean at its option, any affected shingles. in the event or replacement or cleaning, far the remainder of the Algae - Resistant Warranty Period, CenainTeed's maximum contribution towards subsequent replacement or cleaning will be calculated using the Algae - Resistant Warranty Period specified in Table 1, less a prorated adjustment that reflects the number of months that have elapsed from the start of the Algae-Resistant Warranty Period to the date Of reoccurrence. WARNING: FOR LOW - VOLUME RAIN AND SALT FOGS AREAS In areas of low- volume rain (e.g. areas that receive insignificant rainfall during a 90 -day period) and/or 'Sall fog' (e.g. parts of the Southern California coastline), copper released by algae - resistant (AR) granules or shingles can react with aluminum In gutters and cause severe corrosion of the gutters, in such regions, CertainTeed strongly recommends that vinyl or copper gutters, not aluminum gutters, be used with algae - resistant shingles. CertainTeed disclaims all liability and responsibility for any damages that may result from the use of Its algae - resistant shingle products with copper granules where gutters containing aluminum are used. Limited Wind Warranty CertainTeed warrants its shingles will resist blow -oft damage due to wind velocities, including gusts, up to the maximum wind velocity per the Wind Warranty MPH specified In Table 1 during the first fifteen (15) years of the warranty for Lifetime products and Patriot shingles for the first tan (10) years and during the first five (5) years for all other products listed in Table 1. CenainTeed's obligations and liability for shingle blow -off damage during the wind warranty periods as specified above are limited as follows: If shingles blow off because the shingle's self - sealing asphalt strips did not activate, CertainTeed will have no liability or warranty obligation unless CertainTeed is afforded the opportunity to hand seal, at its expense, any non - sealing shingles. If shingles blow off even though the shingle's self - sealing asphalt strips did activate, CertainTeed will furnish replacement shingles without charge but only for damaged or blown off shingles. CertainTeed will not be responsible for or reimburse labor costs, root tear -off. metal work, flashing and disposal expenses.. or any other costs pertaining to removal or replacement of damaged shingles. Any costs In excess of Corta nTeed's material contribution are the property owner's responsibility (and may be covered by homeowner's Insurance). CortainTeed shall have no liability for any shingles not fastened in accordance with CertainTeed installation instructions published at the time of original installation. CertalnTeed shall have no liability for any damage to persons or property caused by blown art shingles. CenainTeed's maximum liability during the wind warranty period is the reasonable cost of hand sealing all of the shingles on the root. at CertalnTeed's sole discretion, repair or replace the roof membrane materials only as necessary to restore it to a watertight condition. Only manufacturing defects in the roof membrane that cause leaks are covered by this Limited Warranty. CertainTeed's MAXIMUM LIABILITY during the first year of this warranty is the original cost of the CertainTeed membrane materials only. After the first year, CertainTeed's maximum liability is the original cost of the CertainTeed materials used on the root reduced by 8.3% for 12 -year warranty and 10% for 10 -year warranty during each subsequent year, less any costs previously Incurred by CertainTeed for repair or replacements. Roof components which are not part of the roof membrane and hence not covered by this Limited Warranty Include, but are not Ilmitod to, the following: underlying roof deck, insulation, vapor retarders, fasteners, metal work, drains, pitch pans, expansion Joints, skylights, vents, plastic accessories, any flashing, decorative or reflective coating, surfacing andlor any aggregates. In no event, however, will CertainTeed be responsible for any costs related to the removal or abatement of any asbestos present In any existing roof system to which the CertainTeed roof membrane is applied. What the Customer Must Do It you believe your shingles have a manufacturing defect, you must promptly notify CortainTeed and provide proof of property ownersh p and the date of shingle purchase and application. Unless you provide such proof, CertainTeed will use the date Of manufacture to calculate the start of the warranty porlOd. In order to property evaluate and process a warranty claim, CortainTeed may require the property owner to submit a shingle sample to CertainTeed for analysis and/or permit a CortainTeed representative to make repairs to, take photographs of, and /or take samples from the root, if required. CertainTeed will evaluate each properly reported claim and will repair, replace, clean or reimburse the property owner for the shingles it determines are defective, in accordance with the terms of this Limited Warranty within a reasonable amount of time. For more details about submitting a womanly claim, visit www,ctrool.corn or call (800) 345 -1145. Please send all notifications and correspondence to: CertainTeed Corporation, 1508 Delp Drive, Harleysville, PA 19438. Attn: CertalnTeed Roofing Technics; Services Department. Telephone number. 800- 345.1145. Warranty Registration (not required) You may register your product warranty on CartainTeed's wobsita: www .certainteod.com,4varrantyreg. Each registrant receives a registration confirmation number by return e-mail that can be printed and kept with this LJmltod Warranty and your proof of purchase. It you do not have Internet access, you can register your shingles by sending: (1) your name, address, and telephone number (2) the name and contact information of the contractor who installed your shingles and the original date of installation, and, (3) the type, color and number of squares of your shingles to: COnainTead Corporation, 20 Moores Road, Malvern, PA 19355, Attn: CertalnTeed Roofing Technical Services Department. CertainTeed will register your information and mail you a confirmation number. Failure to register this warranty does NOT void the warranty or any of its terms. For Your Records Product Purchased: _ _.. _. _ Date of Installation: Roofing Contractor Contractor's Telephone No Flintlastic SA (Self - Adhering) System This warranty applies to shingles installed during the calendar year of 2018. For low slope residential mating projects less than 2000 square feet (20 squares), CertalnTeed (The warranty in effect at the time the material is originally installed Is the applicable warranty.) offers a limited root membrane warranty as follows: A 10 -year warranty duratlon on a single Exclusive Warranty and Limitation of Remedies ply of Flintlastic SA Cap sheet ever a primed plywood roof deck or a 12 -year warranty duration THIS DOCUMENT CONSTITUTES THE EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED for a two -ply system consisting of a Fl ntlastic SA Nail Base and a Flintlastic SA Cap shoot, BY CERTAINTEED. THE WARRANTIES AND REMEDIES CONTAINED IN THIS DOCUMENT ARE provided the Flintlastic products were applied In accordance with CortainTeed's current EXPRESSLY IN LIEU OF ANY AND ALL OTHER OBLIGATIONS, GUARANTEES. WARRANTIES Installation instructions published at the time of Installation AND REPRESENTATIONS, WHETHER WRITTEN, ORAL OR IMPLIED BY STATUTE, AT LAW OR iN Celts nTeed warrants the root membrane, subject to the following terms, conditions, limitations, EQUITY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY and exclusions, for the duration specified above from the date of completion of the root AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES OR PROVINCES MAY NOT membrane installation. If during the duration of this Limited Warranty, a manufacturing defect ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR MAY DETERMINE THE PERIOD OF in the root membrane causes a leak, CertainTeed or Its designated rearing contractor will, TIME FOLLOWING THE SALE THAT A PURCHASER MAY SEEK A REMEDY UNDER IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU PLANNING BUILDING AND DEVELOPMENT Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, Virginia 24011 540.853.1730 planning(a)roanokeva.gov Mr. John Fulton, Chair, and Members of the Architectural Review Board Roanoke, Virginia Dear Members of the Board: AGENDA ITEM IV. C. June 14, 2018 Subject: 436 Walnut Avenue, S.W. (Official Tax Map No. 1030101) Request from Ricky Mitchell that includes replacing the existing slate roof on the house and detached garage with architectural shingles in same color, size, and pattern as existing roof; damaged soffit panels with matching plywood; and metal ridge caps with metal or metal -look ridge caps. Background: The subject site includes a 2 -%2 story single - family house that was constructed in 1911. The property is located with the Old Southwest Historic Neighborhood Overlay District (H -2). All exterior alterations including roof replacements are subject to a review and approval by the ARB prior to submitting a building permit application to the City Permit Center. The building features a one -story wrap around front porch supported by wood columns, a brick veneer facade with one - over -one wood double hung historic windows, and a hipped slate roof with fish scale patterns. The roof also features four dormers, two brick chimneys, hidden gutters, wood soffit, and fascia. The property is a corner lot located at the southeast corner of 5`h Street, S.W. and Walnut Avenue, S.W. The applicant is proposing to replace the existing slate roof on the house and the detached garage with architectural slate shingles resembling the existing slate including fish scale patterns. Efforts made by the property owner to fix damaged areas of the slate roof have not been successful and the roof still leaks causing interior damages. The applicant has provided pictures of exterior and interior damages caused by the leaky roof on the house and the garage. In addition, the applicant has provided copies of all of the repairs in the past several years attempting to fix the slate roof damage. The COA application includes replacing the damaged soffit panels with matching plywood. This proposal may be reviewed and approved administratively. EXHIBIT C_ Lmmmmmmmi Architectural Review Board Agenda Report Page 2 of 4 436 Walnut Avenue, S.W. June 14, 2018 Findings: The H -2 Architectural Design Guidelines recommend the following: Basic Design Principles ARCHITECTURAL DESIGN GUIDELINES FOR THE H -2 DISTRICT: OLD SOUTHWEST GUIDELINES FOR PRESERVATION AND REHABILITATION Maintain original materials and features that characterize a building and make it unique. Architectural materials and features are considered significant if they: • are original, • reflect a particular architectural style, • are examples of quality craftsmanship or design, or • reflect changes associated with a major event in the history of the building. In general, maintenance is the key to preserving the historic fabric of the structures. The lack of such effort leads to deterioration of the original building material and the loss of its character defining feature. In -kind replacement of deteriorated or damaged historic roofing material is appropriate. A slate roof should be replaced with material having the same appearance to maintain the architectural fabric of the building. Replacing the existing slate roof with architectural shingles that are consistent with the appearance of the existing slates would maintain the building character. • Repair deteriorated materials instead of removing or replacing them. Efforts have been made to preserve the historic fabric of the building in the past several years. However, all efforts have failed to fix the leaky roof and the applicant is proposing to maintain the appearance of the slate roof by replacing it with architectural slate shingles including fish scale pattern. Visibility from the Street • In the H -2 District, staff or the ARB reviews any changes proposed to the exterior of building that are visible from the public right -of -way, including alleyways. Modifications to rear facades in the H -2 District also require review when owners propose changes that will impact the building's `skin', particularly changes to siding, windows, and doors. Architectural Review Board Agenda Report 436 Walnut Avenue, S.W. June 14, 2018 Page 3 of 4 The property is a corner lot, and the roof of both structures is highly visible from the 5th Street, S.W. Roofs Architectural styles are often identified by the form and materials of the roof, which is an important design feature. Poor roof maintenance contributes to the rapid deterioration of historic building materials including masonry, exterior siding, and paint and may result in hidden structural damage. IMPORTANT CONSIDERATIONS • The shape and materials of a roof are important in expressing a building's style; roof features and details help to express its individual character. A well- maintained roof and gutter system will help prevent the deterioration of other parts of a building. Changing, removing, or adding materials or features to a roof can often alter or destroy a building's character. The applicant should take all measures to ensure high level of craftsmanship in replacing the existing slate roof with architectural shingles to prevent alteration of the existing building's character. The applicant is proposing to use architectural slate shingles resembling existing slate roof, including fish scale pattern all around the roof. In addition, the existing metal ridge caps appearances are proposed to be maintained. GUIDELINES FOR PRESERVATION AND REHABILITATION Replacement and Substitute Materials When the use of traditional roofing material is not feasible, suitable alternative material may be used. Use substitute materials or replacement parts that retain the visual appearance of the original roof and that are physically and chemically compatible. Substitute materials should match the original in scale, pattern, texture, and color The applicant is proposing to replace the slate roof on the house and the detached garage with architectural slate shingles consistent with the appearance of the existing roof including fish scale pattern and ridge caps. Replacements for slate include: Architectural Review Board Agenda Report Page 4 of 4 436 Walnut Avenue, S.W. June 14, 2018 • mineral -fiber shingles, simulated -slate concrete tiles, and other faux slate materials, stained -wood shingles, and fiberglass or asphalt shingles designed to resemble slate. The architectural shingle roofing material proposed would retain the visual appearance of the existing slate roof, matching the existing fish scale pattern and the ridge caps in compliance with the H -2 Design Guidelines. Staff Comments: The H -2 Design Guidelines allows replacement of the slate roof with fiberglass or asphalt shingles designed to resemble slate. The applicant has provided sufficient evidence that warrants the need to replace the existing damaged slate roof on the house and the detached garage. The new roofing material is proposed to maintain the appearance, shape, scale and color of the existing slate, fish scale pattern and the ridge caps. Staff recommends approval of the COA application as proposed. Parviz Moosavi, ARB Agent .rte+ ROANOKE PLANNING BUILDING AND DEVELOPMENT Noel C. Taylor Municipal Building 215 Church Avenue, SW, Room 166 Roanoke, Virginia 24011 540,853 1730 planning(a.roanokeva.gov June 20, 2018 Mr. Ricky Mitchell P. O. Box 2797 Roanoke, VA 24001 Via e -mail at: ricky.m itch ell(&onlymyemail.com Dear Property Owner: Subject: Application for Certificate of Appropriateness Certificate No. COAB18 -0023, 436 Walnut Avenue, S.W. Official Tax No. 1030101 On June 14, 2018, the Architectural Review Board (ARB) of the City of Roanoke, Virginia, reviewed and denied your amended Certificate of Appropriateness (COA) application for the replacement of the existing slate roof on the house and detached garage with architectural shingles; and damaged soffit panels with matching plywood at 436 Walnut Avenue, S.W. At the ARB meeting, you indicated that upon further investigation it was cost prohibitive for you to replicate the existing fish scale pattern of the roof. Further, you advised the Board that the warranty of the materials you proposed to use would be voided if you installed metal ridge caps. Although Staff originally recommended approval of the COA application as submitted, the Board found that the amended application with these changes was not consistent with the following H -2 Architectural Design Guidelines: ARCHITECTURAL DESIGN GUIDELINES FOR THE H -2 DISTRICT: OLD SOUTHWEST GUIDELINES FOR PRESERVATION AND REHABILITATION Maintain original materials and features that characterize a building and make it unique. Architectural materials and features are considered significant if they: • are original, • reflect a particular architectural style, • are examples of quality craftsmanship or design, or • reflect changes associated with a major event in the history of the building. In general, maintenance is the key to preserving the historic fabric of the structures. The lack of such effort leads to deterioration of the original building material and the loss of its character defining feature. In -kind replacement of deteriorated or damaged historic roofing material is appropriate. A slate roof should be replaced with material having the same EXHIBIT V appearance to maintain the architectural fabric of the building. The amended application excludes using fish scale patterns on the house to maintain the existing slate roof appearance and excludes retaining the existing ridge caps. • Repair deteriorated materials instead of removing or replacing them. Efforts have been made to preserve the historic fabric of the building in the past several years; however, all efforts have failed to fix the leaky roof. Although the applicant is proposing to replace the existing slate roof with appropriate architectural shingles, the amended application does not maintain the appearance of the fish scale patterns on the main house. In addition, the amended application excludes maintaining the existing ridge caps on the main house and the detached garage. Visibility from the Street In the H -2 District, staff or the ARB reviews any changes proposed to the exterior of building that are visible from the public right -of -way, including alleyways. Modifications to rear facades in the H -2 District also require review when owners propose changes that will impact the building's `skin', particularly changes to siding, windows, and doors. The property is a corner lot, and the roofs of both structures are highly visible from Walnut Avenue, S.W. and 5th Street, S.W. Roofs Architectural styles are often identified by the form and materials of the roof, which is an important design feature. Poor roof maintenance contributes to the rapid deterioration of historic building materials including masonry, exterior siding, and paint and may result in hidden structural damage. IMPORTANT CONSIDERATIONS • The shape and materials of a roof are important in expressing a building's style; roof features and details help to express its individual character. A well - maintained roof and gutter system will help prevent the deterioration of other parts of a building. Changing, removing, or adding materials or features to a roof can often alter or destroy a building's character. The applicant should take all measures to ensure a high level of craftsmanship in replacing the existing slate roof with architectural shingles to prevent alteration of the existing building's character. The applicant is proposing to use architectural shingles resemb ling the existing slate roof; however, the amended application excludes maintaining the fish scale patterns all around the roof of the main house. In addition, the amended COA application excludes retaining all existing metal ridge caps. GUIDELINES FOR PRESERVATION AND REHABILITATION Replacement and Substitute Materials • When the use of traditional roofing material is not feasible, suitable alternative material may be used. • Use substitute materials or replacement parts that retain the visual appearance of the original roof and that are physically and chemically compatible. • Substitute materials should match the original in scale, pattern, texture, and color The applicant is proposing to replace the slate roof on the house and the detached garage with architectural shingles consistent with the appearance of the existing roof, excluding the fish scale pattern and existing metal ridge caps. Replacements for slate include: • mineral -fiber shingles, simulated -slate concrete tiles, and other faux slate materials, stained -wood shingles, and fiberglass or asphalt shingles designed to resemble slate. The architectural shingle roofing material proposed would maintain the visual appearance of the existing slate roof, except for the fish scale patterns on the main house and the metal ridge caps for both structures. Therefore, the proposal is inconsistent with the H -2 Design Guidelines. -If you are aggrieved by this decision of the Architectural Review Board, you have the right to appeal the Board's decision to City Council within 30 calendar days of the date of the decision, per the City Code Section 36.2 -530, see a copy attached. Information on the appeals process is enclosed. Please contact Parviz Moosavi at 540- 853 -1522 if you have additional questions. Very truly yours, Donna M. Payne, Secretary to the Board Architectural Review Board Enclosure STEPHANIE N1. NIOON REYNOLDS, RIi1IC CRY Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Suite 456 Roanoke, Virginia 24011 -1536 Telephone: (540) 853 -2541 Fax: (540) 853 -1145 L -mail: clerk aroanokesa.gos The Honorable Mayor Sherman P. Lea, Sr. and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Lea and Members of Council: JUL. 18 2018 CITY OF ROANOKC PLANNING BUILDING & DEVELOPMENT CECELIA F. MCCOY Deputy City Clerk CECELIA T. WEBB, CMC Assistant Deputy CitN Clerk I am enclosing copy of a Petition for Appeal filed by Ricky Mitchell, in connection with a decision of the Architectural Review Board at its meeting of June 14, 2018, denying your amended Certificate of Appropriateness application for replacement of the existing slate roof on the house and detached garage with architectural shingles; and damaged soffit panels with matching plywood at 436 Walnut Avenue, S.W., which is not consistent with the H -2 Guidelines. The petition was filed in the City Clerk's Office on Monday, July 9, 2018. Section 36.2- 530(c)(5), Certificate of Appropriateness, Code of the City of Roanoke (1979), as amended, provides that any property owner aggrieved by any decision of the Architectural Review Board may present to the City Council a petition appealing such decision, provided such petition is filed within 30 calendar days after the decision is rendered by the Board. The Council shall schedule a public meeting and render a decision on the matter within 60 calendar days of receipt of the petition, unless the property owner and the Agent to Architectural Review Board agree to an extension. The Council may affirm, reverse or modify the decision of the Architectural Review Board, in whole or in part, or refer the matter back to the Board. With the concurrence of City Council, a public meeting will be scheduled for Monday, August 20, 2018, at 7:00 p.m., or as soon thereafter as the matter may be heard, to render a decision in connection with the Petition for Appeal filed by Mr. Mitchell. Enclosure The Honorable Mayor Sherman P. Lea, Sr. and Members of Roanoke City Council July 17, 2018 Page 2 Pc: Ricky Mitchell, 436 Walnut Avenue, S. W., Roanoke, Virginia 24016 Robert S. Cowell, Jr., City Manager Daniel J. Callaghan, City Attorney Parviz Moosavi, Agent, Architectural Review Board V'bonna Payne, Secretary, Architectural Review Board VIRGINIA: 9b: F- W -1 6 -AV 81. IN THE COUNCIL OF THE CITY OF ROANOKE 1:121 >10INNi1: This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36.2- 530(c)(5) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended. 1. Name of the Petitioner(s): q) I C 1�4 fTN '1 e_InG l �J 2. Doing business as (if applicable): 3. Street address of property which is the subject of this appeal: 4. Overlay zoning (H -1, Historic Downtown Overlay District, or H -2, Historic Neighborhood Overlay District) of property(ies) which is the subject of this appeal to -�,- 5. Date the hearing before the Architectural Review Board was held at which the decision being appealed was made: 1L-1 r�c�nc__ �0i '� 6. Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Review Board (Section 36.2 -330, if H -1 or Section 36.2 -331, if H -2): 6t0_ --3,5 \ 7. Description of the request for which the Certificate of Appropriateness was sought from the Architectural Review Board: Cc`s �ti1 c_ A •�^ -�!�. ���� � 8. Grounds for appeal: P(L C-, r,,- `7 9. Name, title, address and telephone number of person(s) who will represent the Petitioner(s) before City Council: Ll ?."q x_.1P�t,' �- C��L } (� s� ��,- C,CaS -D� C-D WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted. Signature of Owner(s) (If not Petitioner): Name: (print or ty e) Name: (print or type) r-- TO BE COMPLETED BY CITY CLERK: Received Signature of Petitioner(s) or representative(s), where applicable: Name: (print or type) Name: (print or type) Date: c �� Examples of Slate Roof Replacement with Architectural Shingles Resembling Slate, Including Fish Scale Pattern 809 Day Avenue, S.W. (COAB17 -0010) 379 Allison Avenue, S.W. (COAB17 -0015) EXHIBIT d